Ebay: bought faulty item, seller is refusing a refund/exchange

NV187

About 2 weeks ago I bought a Sanyo digital camera on ebay for £60 using Buy It Now, and paid via Paypal. We received the camera, checked everything was in the box and put the camera on charge. I consequently left the seller postive feedback assuming that there are no problems with the camera. However, the camera turned out to be faulty and I sent the seller the following email:

Hi, I bought the above Sanyo VPCE1000 digital camera from you 2 weeks ago to give as a present to my sister. Since receiving it, she has been unable to use it due to it being faulty. It takes 2 days for it to fully charge up, when it does finally charge up, the power light will remain on, but the camera does not work, and the battery consequently dies within 2 hours, even when not in use. I have contacted Sanyo to resolve the problem, and they have informed me that it is a technical fault with the camera, and I should arrange a refund/replacement with the seller. I am therefore emailing you to resolve the matter. Thanks.

I then received a reply from the seller, stating:
I do apologise we only have 7 days to return the item back to the supplier if it is faulty. As per the listing we dont warranty the item as it is ex shop display and the warranty is at the manufacturers discretion.

Now, the seller (a business seller), had specified a 7 day return policy, but surely its the seller's responsibility to ensure that the goods sold are in satisfactory condition and fit for purpose, as contained in the Sale of Goods Act?

What should I do next? Is it best to file a Paypal dispute?

Any help would be kindly appreciated.

Tigert

You need to raise a Paypal dispute.

The seller can specify they have a 7 minute refund policy if they want, it doesn't make any difference.

Raise the dispute and you will be asked to return the goods by trackable means. Once you have done that. Paypal should refund you.

Bromley86

Without knowing the legal situation, the problem is likely to be that the goods were not new.

From your POV, start a dispute now for SNAD.

NV187

Tigert wrote: »

You need to raise a Paypal dispute.

The seller can specify they have a 7 minute refund policy if they want, it doesn't make any difference.

Raise the dispute and you will be asked to return the goods by trackable means. Once you have done that. Paypal should refund you.

Thanks, I think a Paypal dispute is the only option really, seeing as the seller isn't interested.

NV187

Bromley86 wrote: »

Without knowing the legal situation, the problem is likely to be that the goods were not new.

From your POV, start a dispute now for SNAD.

The camera was stated as being ex shop display, which I knew at the time of purchase, the listing stated "Please note the item is classed as ex shop display as a result there may be minor cosmetic marks to the item or packaging".

The item being pretty much defective and unusable is a little more than "minor cosmetic marks". I would have thought 2 weeks is still a reasonable time in which to expect a refund of some sort, considering it takes well oer a day for the battery to charge.

NV187

So I raised a Paypal dispute yesterday to which the seller has responded. He is refusing a refund on the grounds that the item is sold as ex shop display, and the 7 day return policy has also passed. He has said the item was sold as seen, as per the terms & conditions. Surely such "terms & conditions" don't apply where faulty goods are sold, seeing as its a misleading listing? I've noticed from the seller's feedback that its not the first time he has sold a faulty camera and refused a refund.

Is it worth now escalating the claim? What is the final outcome likely to be?

pinkgem

yeah i would escalate it now. paypal will review it and will hopefully decide in your favour. if they do you will have to return the phone by a trackable method eg special delivery and then you should be refunded the £60 plus postage you originally paid.

Rebel

NV187 wrote: »

So I raised a Paypal dispute yesterday to which the seller has responded. He is refusing a refund on the grounds that the item is sold as ex shop display, and the 7 day return policy has also passed. He has said the item was sold as seen, as per the terms & conditions. Surely such "terms & conditions" don't apply where faulty goods are sold, seeing as its a misleading listing? I've noticed from the seller's feedback that its not the first time he has sold a faulty camera and refused a refund.

Is it worth now escalating the claim? What is the final outcome likely to be?

TBH you have nothing to lose ands everything to gain, as a business seller I don't think they have a leg to stand on and you could even go to small claims court over this with a good chance of winning.

NV187

Thanks, I have now escalated the claim. I would have thought "sold as seen" only applies to what can be seen upon reasonable inspection. Nowhere in the listing does it say that the camera has any inherent defects or possible faults, and it can't be assumed so, seeing as the listing states "new" and "only minor cosmetic marks".

NV187

I have received an email from Paypal stating that I may be eligible for a refund. To get my refund, I have to return the item to the seller in the same condition that I had received it in, via a trackable method of postage.

If I post the item back, am I likely to receive a refund? I don't want the seller to claim non-receipt of the item, or to refuse delivery, as I may be left without a refund as well as the item.

Bromley86

Hence the "trackable" bit. Although they can still refuse to sign for it, that's unlikely to happen.

So use RM Special Delivery or similar. Recorded will only cover you for £36 (and isn't trackable until it's delivered, but that's normally not a problem as you then claim from RM if not delivered).

You will have to pay for that yourself and are unlikely to get it back from the seller, but at least you'll get your full initial payment (including that element of P&P) back.

Oh and yes, you'll likely get your refund. Almost certainly, as PP do side with the buyer.