Ebay Seller ignoring my consumer rights e-mail.

baby_rowe

Hi there. I have a problem and am hoping for some advice .... in July I bought a baby monitor on ebay for my baby which was due mid august. Obviously when planning for a baby coming you buy things like this in advance. The monitor has a movement sensor pad to place under the matress which sounds when no movement is detected. Obviously the only way you can test this sensor pad is by touching it etc, to check that the alarm goes off when no movement is detected. The business seller told me it was ex-display and brand new.
My baby wasn't born until end of august and after using the monitor for a week, a fault occured. The sensor alarm keeps going off for no reason. Baby moving etc but alarm sounding which is obviously quite stressful and makes me panic so I can't use it now.
After checking consumer rights pages on this site I know I am entitled to a refund or replacement as the item is ... a) not fit for purpose, b) has not lasted a reasonable amount of time, c) was purchased within 6 months, d) seller is a business seller.
She has basically responded to my initial e-mail saying tough sh** you've passed the returns deadline of 45 days. E Bay have pretty much said the same thing. When I have e-mailed her back quoting the consumer rights / Sale of Goods Act stuff, she's just ignoring me.
I don't know what to do as I now have a baby monitor that doesn't work and as far as I understand, I am legally entitled to a refund.
Please help!!!!!!!!!!

vikingaero

When we had kids we were told not to buy these systems because of the large amount of false alarms.

go_cat

This is the trouble of buying off places like ebay, there is no shop to go and exchange it and whilst is isn't legal they can and do ignore you.

The only way of claiming it back is via small claim courts as you are beyond the time ebay stipulate i.e 45 days

I hope you get it sorted

For what it is worth we had one of these and had no end of false alarms giving me a heart attack every time :eek:

unholyangel

You seem to have at least some knowledge but i need to ask, was it a auction or a buy it now/classified ad?

How did you pay for it? Paypal? Card?

Darksun

Was it a private sale, or was the person selling it acting as a business? If it's the former, you have much less in the way of consumer protection.