Meta support is breaking EU consumer laws with their replacement policies

[TheodonKhel]

TLDR: I'm on warranty with 4 months old Quest Pro kit and my left controller needing replacement (I was stalled for a month before they decided to replace with fake promises of software fix that wouldn't work anyway in this case) will be a refurbished one that might as well not work properly and by EU consumer law I'm eligible for full refund of the price of the product if the company can't supply brand new product during warranty period (which they clearly can but want to force refurbished one down my throat). Aside from law it's unacceptable to offer refurbished controller for a controller used for 2 months moderetely in a perfect working condition.

Details:

Short intro to the problem: I bought my Quest Pro kit at the end of March. Had it for a bit over 4 months. At some point the known tracking issues in v53/v54 and turning head lag issues rendered my headst unusable for almost a month. But that got fixed in v55 though I was still heavily annoyed by the downtime. Lately my Left controller refused to pair after one of the firmware updates. No amount of factory resets and different tricks would work. I've been getting stalled by Meta for over a month with promises of next update fixing the issue or "just wait for our high engineer team to give feedback on what to do". Out of 4 months I had that kit I only got to used it for 2.

Finally I got set up for replacement. I looked at the mail and read this

It is possible that this replacement may be refurbished! However, our refurbished devices go through multiple in-depth quality checks to ensure they are up to the same quality as a brand-new device.

My left controller is in perfect working condition. It has no stick drift since I barely use thumbstick click. All buttons, grip and triggers work great. I even used it with controller grips bought shortly after buying the kit so it was protected additionally. 

Now it seems that despite paying over 1200 Euro for a brand new kit from official retailer of Meta (Amazon) I am expected to accept a refurbished controller. You could point me that it says "it is possible". In company jargon it means it will be refurbished. Not only that. The second sentence claiming in-depth quality checks. Again just company jargon. If you're being reassured that something used is working great and is checked you can expect it is highly possible it won't. Plenty of people had their controllers replaced with refurbished ones and had problems right away or a month/2months after receiving the reaplcement with stick drift, stuck buttons, poor tracking etc.

(I myself had similar experience with Valve Index controller replacement - brand new Index kit had left controller freaking out and losing tracking fully during vibrations. I got refurbished unit despite just getting the kit and having problem day one. Took them 2 months to replace.)

And now to add an insult to the injury. I am expected to send my controller first AFTER I WAITED FOR OVER A MONTH FOR SOMETHING THAT WAS CLEARLY UNSOLVABLE BY SOFTWARE FIX BY USING BASIC LOGIC OF HOW THOSE CONTROLLERS WERE DESIGNED. If you can only update controller firmware by having it paired to the headset - once a firmware update breaks pairing capaibility you can't fix that since you cant update firmware anymore. Took Meta over a month to figure out something that is embedded into this controller's design. 

As EU citizen and by EU consumer law I should be getting a brand new controller in pristine condition as a replacement during warranty period. If they can't provide brand new device then I should be able to get refunded full cost of the controller instead. they clearly can provide new one though since they keep selling them. Some used one with unknown treatment by previous owner that was poorly checked with some basic "if buttons click" stuff does not cut it not only in the light of the EU consumer law but also in light of consumer support and brand decency. My controller is as good as brand new with 2 months of moderate usage.

We all know that Meta absolutely don't have time to check properly or even fix/refurbish hundreds of controllers they get in RMAs. It wouldn't be financially viable to put so much resources into it. 

[Choleni]

I can understand your upset about this.
I would too.

My question:
Have you contacted Amazon?
They are the seller and they have to fulfill your warranty claims. (at least in Germany it is like that)
You would probably get a new complete headset kit.

I would try that first... before sending your controller away.

[TheodonKhel]

The problem is that I have no guarantee I will get a well working Headset and right controller if I went with Amazon replacement. I had a minor issue myself with getting a clearly used/refurbished product sold as new from Amazon. I also heard about people buying new kits or getting replacements on Amazon for Quest line and getting clearly used devices often with same or different problems. I contacted Meta support in hopes of getting proper customer service. Instead I got rolled and most likely will get a refurbished controller that might not even work properly or break quickly. That's the unfortunate truth about refurbished devices. It takes a lot of luck to get one that will work and look as brand new. 

Also it would sting a bit less if they just replaced it right away. But they were jumping through the hoops in my case despite knowing very well that no amount of software updates are going to fix this issue. As it is now I have no reason to let them off the hook for this blatant display of mishandling the replacement and wasting so much of my time. If I knew they would render my headset useless for 2 months total with dumb untested updates I would probably never sold my index and just waited for a different headset to be released. 

[Choleni]

I see...  bad experiences.
My experience with things related to warranty on Amazon are completely opposite.
I always got my money back. Didn't they offer that to you?

You won't have a headset then, but at least you haven't burned €1200 for one that's useless because a controller isn't pairing/working.

Your frustration about this situation is really understandable....I would be so angry if I were you.