New TV purchased on Ebay - Faulty and Looking for refund.

stewd_2

I purchased a "NEW" TV on eBay on the 14th May 2009
Over the last 2 weeks it developed a fault where the screen would stop showing a picture but the sound was still present. I have contacted the seller, asking for a refund as I feel a "NEW" TV should last longer than 6 or 7 weeks.

I have read through the Sales of Goods Act and I think I should be refunded.
I have received the following reply from the seller...

" [FONT=&quot]hi,
if u see my add it is 7 days to return. not 6 or 7 weeks...
thanks"

Can someone advise me on how to proceed next, the listing on eBay does state returns within 7 days, but surely my statutory rights under the Sale of Goods Act allow refund if the product is found to be faulty and not fit for the purpose ie Not Conforming to Contract........


[/FONT]Goods would not conform to contract (would be faulty) if they failed to work immediately from the time of sale. Indeed, goods might not conform to contract if they failed to work later, even after a number of years, due to an inherent fault – i.e. one that could be said to exist at the time of sale.
Goods also do not conform to contract if they do not comply with any description given by the retailer prior to sale.
The Sale of Goods Act, which governs whether there is a lack of conformity with the contract, says that:
Goods should match any description given to them.
Goods should be of satisfactory quality i.e. they should meet the standard a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances.

Any advice please...........?

seraphine

Hi I had a problem like that before, if you paid through Pay Pal you can try to get your money back through them and open a dispute with the seller on their website. If it's not going to work try contacting ebay complaints department.
I had a problem with a seller once and posting a very negative feedback on their profile also helped, you can request feedback revision if you already posted a positive one, they usually get scared and trying to sort things out quickly after that and should at least offer you a compensation.
hope it helps

soolin

You are out of date for a paypal claim, all you can do is pull up sellers business details and use the small claims court system.

Alternatively if your paypal payment was backed by credit card you could try a claim via them first.

Optimist

soolin wrote: »

You are out of date for a paypal claim, all you can do is pull up sellers business details and use the small claims court system.

Alternatively if your paypal payment was backed by credit card you could try a claim via them first.

Doubtful the credit card company will be interested as the payment went through paypal first Section 75 doesn't apply

Mark_Hewitt

The answer is yes, you do have a claim under the Sale of Goods Act. However good luck in trying to enforce it through ebay.

If smashing your head against a barrier constructed of bricks is your idea of fun, go right ahead.

stugib

Mark_Hewitt wrote: »

The answer is yes, you do have a claim under the Sale of Goods Act.

Even from a private seller?

soolin

Optimist wrote: »

Doubtful the credit card company will be interested as the payment went through paypal first Section 75 doesn't apply

I have succesfully done a s75 claim via paypal and paypal themselves warn sellers that this is possible.

Optimist

soolin wrote: »

I have succesfully done a s75 claim via paypal and paypal themselves warn sellers that this is possible.

Would be very interested to know where paypal make that claim. You might be covered under chargeback rules but Section 75 claims are not covered when using a intermediary like Paypal.

pippitypip_2

I'm no expert, but if you used "buy it now" rather than auction, I thought that did indeed mean you could claim under the Sale of Goods Act.

If they're a company, maybe you won't actually have to go ahead with a court claim (credit card route first if poss though as soolin's the expert ) - maybe just a well worded threat of court action might make a replacement or refund more forthcoming..

hope that helps,
pippitypip

soolin

pippitypip wrote: »

I'm no expert, but if you used "buy it now" rather than auction, I thought that did indeed mean you could claim under the Sale of Goods Act.

pippitypip

Ebay will not enforce the sale of goods act though and will just refer you back to paypal who will in turn refer you to their 45 day time limit for chargebacks.

As for claims, My claim was via HSBC and I don't actually know which section they claimed back under, they did however reimburse me for a payment where I had received no goods. Which say this is possible here

http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

Although they agree you need to do a chargeback for goods not received rather than a S75 claim.

Here :

https://www.paypal.com/chargeback

Paypal state:

What is a chargeback?


Question : Answer : A chargeback happens when a buyer asks their credit card issuer to reverse a completed transaction. Although a chargeback may appear similar to a PayPal buyer claim, it is in fact initiated outside of PayPal between the card holder and card issuer. As such, the outcome is ultimately decided by the credit card company and not by PayPal. Chargebacks are one of the unfortunate costs of doing business. Many sellers factor this cost into their business risk model.

Common reasons why a buyer might file a chargeback include:

• The card holder is claiming unauthorised use of their credit card
• The card holder is claiming they did not receive the item or the item received was different from the original description

So I agree not a section 75 chargeback, but a chargeback nonetheless and frankly as long as I get my refund I don't care which section of law they use to get it.

stewd_2

Thanks for the replies so far, they are very helpful.

My biggest issue with the whole thing is the "7 days to return" can a seller be that specific on an item that is listed as new?
I would expect something along these lines if the item being bought/sold is secondhand and sold as faulty.

I am deeply disappointed with eBay and Paypals ruling of only 45 days.

I will keep you posted, but am still keen to receive other advice etc.
Cheers :beer: