Ebay purchase goes faulty after 1 month

gooey_2

I recently purchased an in car DVD player which has gone wrong after 1 month so I put in a paypal claim and the seller is saying nothing will be sorted until I remove the claim. They are a business but I suspect they are drop shippers ie they are selling items which they dont have as the item was shipped from China.
1. Was I right to use paypal or should I have trusted the company to sort it ?
2. Their t&c state that I am responsible for shipping the item back to the manufacturer in China - thats gonna cost loads - is that right under UK law as I thought that the contract is with the seller.
3. Here are the t&c ib full - your advice guys would be great

12 MONTH GUARANTEE / WARRANTY & RETURN POLICY
In the unlikely event there is a quality defect that causes the device to be unusable during the 12 months starting from the date of receipt of the item – We will arrange details for the item to be returned to the manufacturers to either repair or replace the item or offer a refund. The cost of returning the item for repair , replacement or refund under the warranty to the manufacturer are payable by the buyer / original recipient · Physical damage to a product caused by the user invalidates the warranty , opening products up to repair or modify components invalidates the warranty . Flashing the firmware or using non supplied / approved software also invalidates the warranty. Please ensure that the correct item is ordered for the country you live in, eg NTSC, SECAM, PAL , DVB-T Broadcasting , power supply & choice of colour if applicable etc. Please ensure that if purchasing a car in dash multi media unit that it is installed by a specialist as wrongly fitting these high tech units can cause internal problems making the unit not operate to their full capacity and may invalidate the 12 months manufacturers warranty. We accept returns of unwanted or unsuitable items back to the original despatch source address at the buyers expense - only if we have been notified via email within 7 days of receipt of the goods. The item must be then be returned to the original despatch source address, sealed & in a fully re-saleable condition within 14 days. Return costs are the buyers responsibility & it is advisable to use a tracked delivery. A restocking and administration fee may apply & depreciation costs to resell up to 20% of the original sales value of the item & the refund will only be for the item cost itself and not the original delivery costs. Once a return is agreed between us and yourself (the buyer) we will give you all the relevant details about how to return the item and what else is required. It may be that the item is fine, but a particular part is missing or not working or the item has been wrongly connected - we are always here to help to solve any problems before it reaches the stage of returning an item and the costs involved with doing that.

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pinkshoes

Keep the dispute open, as if you close it, you can't open another!

Did you buy from a UK ebayer? Did the auction say it was coming from China?

Under ebay/paypal rules, you will be required to return the item at your own cost.

Perhaps give paypal a ring and ask their advice.

williham

Obviously you should have spoken to them first and not gone through paypal where it wasn't necessary but now you've done it, keep it open and you'll probably get your money back.

gooey_2

The seller is a UK seller but I believe he requires me to return the item to China which considering the weight of it fully boxed will be nearly £30.

Surely I should be required to only post the item to the UK as the seller is a UK seller. I have also lost my trust with the guy because he has suggested that I have broken it by installing it wrong (which is a joke to be honet).

If I buy a radio from a shop that turns faulty after a month I am not expected to return it at huge cost to JVC or whatever as the seller is liable.
There is nothing on the auction listing that actually says that the item comes from China either..

downright_mean_with_money

I'm afraid to say you have little in the way of rights on this one as the sale of goods act does not cover auction sites ...unless of course you can prove it is a uk registered business "trading on ebay" and you bought under a "buy it now auction"?
That's the danger of ebay I'm afraid...it's an auction and as such buyer beware.
Items can be sold much easier dare I say cheaper on ebay because of this....shops and internet websites have to factor in costs for faulty items and the distant selling regs...
Of course a seller on ebay has non of that (that's the majority in my opinion before I get a shoeing by other people)

Becles

The Sale of Goods Act might cover it:
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_on_internet_auction_sites.htm

If it does, the seller should refund you and pay for the carriage to get it to wherever they want it sent to.

Nex0

gooey wrote: »

The seller is a UK seller but I believe he requires me to return the item to China which considering the weight of it fully boxed will be nearly £30.

Surely I should be required to only post the item to the UK as the seller is a UK seller. I have also lost my trust with the guy because he has suggested that I have broken it by installing it wrong (which is a joke to be honet).

If I buy a radio from a shop that turns faulty after a month I am not expected to return it at huge cost to JVC or whatever as the seller is liable.
There is nothing on the auction listing that actually says that the item comes from China either..

If the seller is in the uk then yes you are correct in saying you only have to post it back to him and then it will be up to him to send it to china should he bother.

When you send it back to the seller make sure you send it via a tracked method.

There are threads on cheap couriers in the ebay forum if your struggling to find someone suitable.

gooey_2

Thanks for the advice guys. I spoke to paypal today and they said I should most definitely keep the case open.
They also said that they would insist I send it back to the UK seller anyway as sending it overseas to someone other than the seller would be involving a 3rd party which is not allowed.
I will keep you all posted.

dfh

You were right to use Paypal as it affords a degree of protection.I think they are using bullying tactics trying to get you to give up your claim.Do not give in and keep fighting !

downright_mean_with_money

thanks for Becles for pointing out the link to the CAB site, however the advice is certainly not "cut and shut" and makes no direct reference to Soga only what rights you have under it in general.
You would certainly have Soga on your side if you could prove the seller is registered business within the uk and if it was a "buy it now auction"? however due to the nature of the purchase I would be dubious of any sort of come back on the seller themselves? (has anyone else managed to claim money back from a seller from ebay?)
I can see numerous problems with ebay auctions if not careful both for buyer and seller - trades descriptions, infringing D.S.R., unfair contract terms etc etc....buyer beware.
Your current root of claiming from paypal is therefore much better.

CHR15

This is one of the reasons I detest Drop Shippers.

Happily claiming UK Based and "First Class Post, 1-2 Days" and leave you waiting weeks whilst it comes for the Far East.

Not interested in returns either, they seem to think it is nothing to do with them.

Shame it's too late to Neg him, can you follow up on your feedback when this is all done and dusted?