Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

diamondt

Don't know if anyone can help but thought I would ask anyway. I bought an ICE washer online 4 years ago last October. Since then it has broken down 4 times. As it was guaranteed for 5 years, apart from the inconvenience,it was not a particular problem, but I asked them if they would consider extending the guarantee due to all the problems I have had. They refused. Do I have any rights at all re this?

wealdroam

diamondt wrote: »

Don't know if anyone can help but thought I would ask anyway. I bought an ICE washer online 4 years ago last October. Since then it has broken down 4 times. As it was guaranteed for 5 years, apart from the inconvenience,it was not a particular problem, but I asked them if they would consider extending the guarantee due to all the problems I have had. They refused. Do I have any rights at all re this?

Diamondt, please have another read of the title of this thread.

Particularly the bit where it says...
DO NOT ASK CONSUMER QUESTIONS HERE

Might also be worth reading the post before yours.

SWOT

I remain confused when it comes to Consumer Rights (CR) wrt eBay in the circumstances described.

One buys an item from an individual for almost £100 which is described as new and specifically states there is a 12 month guarantee. The item fails after 6 months and the seller refuses to repair, replace or refund.

1. Can eBay say it's nothing to do with them as the transaction is more than 45 days old when a shop selling to you has an obligation as I understand it. Surely 45 days has no legal basis but is an unfair term within CR legislation especially as the item is specifically defined i.e. not used but new.

2. Obviously the seller is the direct target of any recovery action but doesn't eBay have a CR responsibility to assist buyers who have been inconvenienced by their actions. In part this is because they choose to have a classification called new and in the UK this normally means seller responsibilities for a year.

Clarification on this and any other relevant issues please.

squeaky

Hmm...

Apart from the fact that this is a discussion only thread, you might be much better asking in our dedicated Ebay Board where the resident experts will be able to clarify the various issues for you. If you still have any "Consumer Rights" questions left after that then by all means pop back here and start a new thread.

Good luck

SWOT

Many thanks squeaky for providing guidance on a section I was completely unaware of and which I will follow up. However as eBay was specifically mentioned in the CR section and reference made to unacceptable actions by service providers, I feel my query is relevant here.

Ultimately it boils down to which legislation takes precedence in the circumstances described and why.

custardy

SWOT wrote: »

I remain confused when it comes to Consumer Rights (CR) wrt eBay in the circumstances described.

One buys an item from an individual for almost £100 which is described as new and specifically states there is a 12 month guarantee. The item fails after 6 months and the seller refuses to repair, replace or refund.

1. Can eBay say it's nothing to do with them as the transaction is more than 45 days old when a shop selling to you has an obligation as I understand it. Surely 45 days has no legal basis but is an unfair term within CR legislation especially as the item is specifically defined i.e. not used but new.

2. Obviously the seller is the direct target of any recovery action but doesn't eBay have a CR responsibility to assist buyers who have been inconvenienced by their actions. In part this is because they choose to have a classification called new and in the UK this normally means seller responsibilities for a year.

Clarification on this and any other relevant issues please.

if you bought from a bricks and mortar auction
would you go back 46 days later with a problem?

SWOT

Wrt custardy's point the answer is yes if their "expert" says an article is genuine when subsequesnt investigation shows it's not. If the auction house does not want to be involved they should not provide the "expert". Allowing something to be described as "new" carries obligations here as they directly profit from the increase in value.

custardy

SWOT wrote: »

Wrt custardy's point the answer is yes if their "expert" says an article is genuine when subsequesnt investigation shows it's not. If the auction house does not want to be involved they should not provide the "expert". Allowing something to be described as "new" carries obligations here as they directly profit from the increase in value.

what expert are you getting on eBay?
is 45 days not enough to check something is genuine?

SWOT

The "expert" on eBay is the provision on the UK site to classify something as new. CR in the UK give a guarantee of a year typically, while I see it as 30 days in the USA and as little as 7 from China, which reflects in the value of an item. I believe ebay UK's T & C are based on USA rights, which seem appropriate there, but do not reflect UK CR legislation here.

Genuine here means the minimum life time and as it was described as a year both by implication "new" and specifically with the advert, the item is "not genuine" failing before a year. I believe eBay UK should specifically disable the ability to describe almost anything as new, directly benefiting them, as it is misleading in CR legislation.

custardy

SWOT wrote: »

The "expert" on eBay is the provision on the UK site to classify something as new. CR in the UK give a guarantee of a year typically, while I see it as 30 days in the USA and as little as 7 from China, which reflects in the value of an item. I believe ebay UK's T & C are based on USA rights, which seem appropriate there, but do not reflect UK CR legislation here.

Genuine here means the minimum life time and as it was described as a year both by implication "new" and specifically with the advert, the item is "not genuine" failing before a year. I believe eBay UK should specifically disable the ability to describe almost anything as new, directly benefiting them, as it is misleading in CR legislation.

but thats not what I said
there is no expert. you seem to be waffling on about experts and now new,not genuine etc etc
eBay provide a venue,just like an auction house
So how do you envisage eBay vetting the process
as it is,eBay provides strong buyer protection in those 45 days
be careful what you wish for