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New TV purchased on Ebay - Faulty and Looking for refund.
Comments
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The rules for private sellers are different from traders. The Sale of Goods Act only applies if you bought the TV from a business.
Things such as the item being free from defects and fit for purpose does not apply for private sales. However the item should be as described.
If the seller described it accurately then I don't think you have any comeback with the seller.
And the item is second-hand, if may not have been used, but it is still second-hand. As it is a private sale I believe they can specify whatever returns period they like.
You might want to read the below guides for more info.
http://www.adviceguide.org.uk/c_private_sales_and_car_boot_sales.pdf
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_on_internet_auction_sites.htm0 -
It is worth noting though that even if a seller is wrongly registered on ebay as a private seller and not a business then you can still work as though they were trading. Just because someone says they are not a trader for ebay purposes doesn't mean that small claims can't betried. Stating 'I am not a business' doesn't mean it is true.
It all depends on whether they appear to be a genuine private seller, ie one TV won in a prize and surplus to requirements being sold alongside old magazines, childrens toys and other tat.Start selling two, or have a number of unused items and I'm sure a court can be persuaded that someone is trading.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0
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