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  • FIRST POST
    • Squiggly Diddly
    • By Squiggly Diddly 17th Jun 17, 9:49 AM
    • 1,019Posts
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    Squiggly Diddly
    4 month old bed base collapsing - action?
    • #1
    • 17th Jun 17, 9:49 AM
    4 month old bed base collapsing - action? 17th Jun 17 at 9:49 AM
    Hello, I am going to message an ebay shop/seller who I bought a divan bed base from on 19th Feb (for £209). This base is now just about 4 months old and is completely collapsing on one side. The boarding (which looks more like cardboard rather than a chipboard/wood) is caving in over the drawers. This bed was my daughter's choice/money but obviously as through my ebay account I am following it up for her. I paid via PayPal and with my credit card so am hoping that may give some protection as well.

    Whilst I could go to B&Q and buy some chipboard/reinforce the base and frame, I think it is reasonable within 4 months to be contacting the seller and asking for a return/replacement? But would much appreciate some advice over what is possible or likely, as haven't had to take this route with ebay purchases before.

    Thanks
    Live your life until love is found, or love's gonna get you down" (credit to Mika!)

Page 1
    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 9:59 AM
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    theonlywayisup
    • #2
    • 17th Jun 17, 9:59 AM
    • #2
    • 17th Jun 17, 9:59 AM
    It is perfectly reasonable if the seller is a business here in the UK.

    You don't have any protection for this type of issue with Paypal as they give 180 days for SNAD which is significantly not as described and not for something that fails with use.

    Your best bet is to try to get the seller to cooperate first.
    • Squiggly Diddly
    • By Squiggly Diddly 17th Jun 17, 10:11 AM
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    Squiggly Diddly
    • #3
    • 17th Jun 17, 10:11 AM
    • #3
    • 17th Jun 17, 10:11 AM
    Thank you, that's great, I've messaged them so will see what they respond with. If all else fails, B&Q for chipboard it will be!
    Live your life until love is found, or love's gonna get you down" (credit to Mika!)

    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 10:16 AM
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    theonlywayisup
    • #4
    • 17th Jun 17, 10:16 AM
    • #4
    • 17th Jun 17, 10:16 AM
    Have a read of this:

    http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

    You do have rights assuming it's a UK business and as you are within the first 6 months, the onus isn't on you to prove any inherent fault.
    • 19lottie82
    • By 19lottie82 17th Jun 17, 10:17 AM
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    19lottie82
    • #5
    • 17th Jun 17, 10:17 AM
    • #5
    • 17th Jun 17, 10:17 AM
    The buck certainly doesn't stop with A PayPal / eBay claim.

    If you don't get a satisfactory response from the seller you can always take it further....... small claims court? (If you can be bothered that is).
    • Squiggly Diddly
    • By Squiggly Diddly 17th Jun 17, 10:17 AM
    • 1,019 Posts
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    Squiggly Diddly
    • #6
    • 17th Jun 17, 10:17 AM
    • #6
    • 17th Jun 17, 10:17 AM
    That's brilliant, thank you so much. I am hoping that having also used my credit card that too may offer a level of protection. Much appreciated.
    Live your life until love is found, or love's gonna get you down" (credit to Mika!)

    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 10:24 AM
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    theonlywayisup
    • #7
    • 17th Jun 17, 10:24 AM
    • #7
    • 17th Jun 17, 10:24 AM
    The buck certainly doesn't stop with A PayPal / eBay claim.

    If you don't get a satisfactory response from the seller you can always take it further....... small claims court? (If you can be bothered that is).
    Originally posted by 19lottie82
    There isn't a valid reason for an Ebay (30 days) or Paypal claim (180 days). They don't cover ongoing-use-issues.
    • martindow
    • By martindow 17th Jun 17, 12:39 PM
    • 7,038 Posts
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    martindow
    • #8
    • 17th Jun 17, 12:39 PM
    • #8
    • 17th Jun 17, 12:39 PM
    There isn't a valid reason for an Ebay (30 days) or Paypal claim (180 days). They don't cover ongoing-use-issues.
    Originally posted by theonlywayisup
    This bed is of such poor quality that it has collapsed after only a few months. I would argue that it is not an ongoing use issue but SNAD. Something described as a bed should still be usable after such a short time.

    The problem with a Paypal claim is that the OP would have to cover the cost of return which would probably be more than the B&Q chipboard to do a repair.

    That's brilliant, thank you so much. I am hoping that having also used my credit card that too may offer a level of protection. Much appreciated.
    Originally posted by Squiggly Diddly
    I don't think this is likely to get you very far as section 75 protection does not apply to transactions where you pay the seller indirectly. A chargeback may still be a possibility.
    Last edited by martindow; 17-06-2017 at 12:42 PM.
    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 1:26 PM
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    theonlywayisup
    • #9
    • 17th Jun 17, 1:26 PM
    • #9
    • 17th Jun 17, 1:26 PM
    This bed is of such poor quality that it has collapsed after only a few months. I would argue that it is not an ongoing use issue but SNAD. Something described as a bed should still be usable after such a short time.
    Originally posted by martindow
    SNAD isn't about how long something lasts. It is if the item is materially different than the listing or damaged on arrival. If the buyer assembled it and on first use it collapsed, then yes, that would be SNAD. However, it failing after uses isn't.

    Paypal is clear on SNAD.

    13.8 What is Significantly Not as Described (SNAD)?

    Your purchase is Significantly Not as Described if it is materially different from the last description of it that you received from the Payment Recipient before you paid for it (which, for exclusively online purchases, shall be taken to be the Payment Recipient’s description of the purchase in the relevant online listing) (“Purchase Description”). Here are some non-exhaustive examples:
    You received a completely different item. For instance, you purchased a book and received a DVD or an empty box or the software that you received was not the software that was sold to you.
    The condition of your purchase was misrepresented. For instance, the listing for an item said “new” and the item was used.
    Your purchase was advertised as authentic but is not authentic.
    Your purchase is missing major parts or features and the fact that these parts or features are missing was not disclosed in the listing.
    You purchased 3 items from a Payment Recipient but received only 2.
    Your purchase was damaged during postage.
    Your purchase is not Significantly Not as Described (SNAD) if it is not materially different from the Purchase Description. Here are some non-exhaustive examples:
    The defect in your purchase was correctly described by the Payment Recipient.
    Your purchase was correctly described but you didn't want it after you received it.
    Your purchase was correctly described but did not meet your expectations.
    The item that you purchased has minor scratches and was listed as used condition.
    An event you purchased tickets to was postponed.
    Whilst I agree a bed should not collapse, it doesn't fall under the SNAD protection offered by Paypal.


    The problem with a Paypal claim is that the OP would have to cover the cost of return which would probably be more than the B&Q chipboard to do a repair.
    Originally posted by martindow
    Paypal do assist with returns but their cap is £15.

    I don't think this is likely to get you very far as section 75 protection does not apply to transactions where you pay the seller indirectly. A chargeback may still be a possibility.
    Originally posted by martindow
    A chargeback is a possibility. But as I outlined above, the first step is to see what the seller offers.
    • angryparcel
    • By angryparcel 17th Jun 17, 1:31 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    It is perfectly reasonable if the seller is a business here in the UK.

    You don't have any protection for this type of issue with Paypal as they give 180 days for SNAD which is significantly not as described and not for something that fails with use.

    Your best bet is to try to get the seller to cooperate first.
    Originally posted by theonlywayisup
    Paypal do class faulty goods as SNAD for some reason. i had an issue when i paid vua CC through ebay and as it was guest account could not dispute through my PP account so had to call Paypal and they started the cliam their end and i contacted them about it being listed as a SNAD when it was faulty and told they class faulty goods as a SNAD
    • angryparcel
    • By angryparcel 17th Jun 17, 1:33 PM
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    angryparcel
    Thank you, that's great, I've messaged them so will see what they respond with. If all else fails, B&Q for chipboard it will be!
    Originally posted by Squiggly Diddly
    all divan beds are just made of a cardboard sheet tacked onto wood lats. This is a reason i never buy divan beds
    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 1:35 PM
    • 10,491 Posts
    • 7,050 Thanks
    theonlywayisup
    Paypal do class faulty goods as SNAD for some reason. i had an issue when i paid vua CC through ebay and as it was guest account could not dispute through my PP account so had to call Paypal and they started the cliam their end and i contacted them about it being listed as a SNAD when it was faulty and told they class faulty goods as a SNAD
    Originally posted by angryparcel
    If the item was faulty and the purchase was for something that wasn't faulty I can see why. This bed wasn't faulty on arrival, it has developed issues.
    • angryparcel
    • By angryparcel 17th Jun 17, 1:41 PM
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    • 425 Thanks
    angryparcel
    Paypal do assist with returns but their cap is £15.
    Originally posted by theonlywayisup
    Unless you was willing to stand your ground. I was sold a faulty PC and the seller told me to open a return case in ebay which i did for them to immediately reject it, so ebay told me to go through Paypal which i did and won my case with Paypal but they would only refund me if i paid to return the item, which i told them no as faulty goods it is upto seller to cover cost, but they just kept quoting their policies which i told them means nothing as consumer law over rides these, then they told me they would help pay return of £15, but to return the PC via courier was £22 due to it value and size. after a couple of days Paypal agreed to cover the full cost
    • 19lottie82
    • By 19lottie82 17th Jun 17, 2:59 PM
    • 5,673 Posts
    • 8,625 Thanks
    19lottie82
    There isn't a valid reason for an Ebay (30 days) or Paypal claim (180 days). They don't cover ongoing-use-issues.
    Originally posted by theonlywayisup
    Yes, I know that and that wasn't what I was implying.

    What I meant was that even if you can't claim against PayPal or eBay (like in this situation) there are other avenues.
    • theonlywayisup
    • By theonlywayisup 17th Jun 17, 8:17 PM
    • 10,491 Posts
    • 7,050 Thanks
    theonlywayisup
    Unless you was willing to stand your ground. I was sold a faulty PC and the seller told me to open a return case in ebay which i did for them to immediately reject it, so ebay told me to go through Paypal which i did and won my case with Paypal but they would only refund me if i paid to return the item, which i told them no as faulty goods it is upto seller to cover cost, but they just kept quoting their policies which i told them means nothing as consumer law over rides these, then they told me they would help pay return of £15, but to return the PC via courier was £22 due to it value and size. after a couple of days Paypal agreed to cover the full cost
    Originally posted by angryparcel
    You were sold a faulty PC. You said it yourself. Not the same as the OP.

    The bed wasn't faulty at first.

    You were a guest buyer hence why you couldn't open a case on eBay. You need to understand why you were directed as you were, don't make a can of worms where there isn't one!
    • angryparcel
    • By angryparcel 17th Jun 17, 9:50 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    You were sold a faulty PC. You said it yourself. Not the same as the OP.

    The bed wasn't faulty at first.

    You were a guest buyer hence why you couldn't open a case on eBay. You need to understand why you were directed as you were, don't make a can of worms where there isn't one!
    Originally posted by theonlywayisup
    i opened case on ebay, but if you pay using a credit card in ebay it still goes through Paypal, but classed as a guest account with paypal as it does not go through you paypal account
    • ballisticbrian
    • By ballisticbrian 20th Jun 17, 10:38 AM
    • 2,986 Posts
    • 1,743 Thanks
    ballisticbrian
    I bought a divan bed base from on 19th Feb (for £209). This base is now just about 4 months old and is completely collapsing on one side.
    I think it is reasonable within 4 months to be contacting the seller and asking for a return/replacement?
    I would sleep on it.
    Last edited by ballisticbrian; 20-06-2017 at 3:28 PM.
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
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