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eBuyer & distance selling rights

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I bought a Cisco router from eBuyer last March which stopped working 2 months ago.

eBuyer insisted that I must contact Cisco for repair/replacement.

It has taken Cisco several weeks to reply and they require me to send item to the Netherlands at my own cost.

The (recorded) postage is going to cost more than half the purchase price and is non-refundable.

At this point I looked on your site and saw mention of distance selling regulations.

Am i correct in thinking that eBuyer should not have referred me to Cisco in the first place and have an obligation to deal with the matter themselves? ...if this is the case, then what specific regulations can I quote to them that will compel them to act?

Learn from the mistakes of others - you won't live long enough to make them all yourself.

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DSR's dont apply to all ebay transactions.

    Was it a buy it now sale or a auction? Is the seller a private seller or business?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • oldagetraveller
    oldagetraveller Posts: 3,653 Forumite
    edited 29 January 2011 at 12:58PM
    DSR's dont apply to all ebay transactions.

    Was it a buy it now sale or a auction? Is the seller a private seller or business?

    Have another read - it's Ebuyer!;)

    From Ebuyer ts & cs

    7. Warranty

    All new goods supplied by Ebuyer have a 12 months warranty period from the date the goods were delivered (unless otherwise stated and excluding laptop batteries which carry a 6 month warranty). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Returns procedure. Click here to return an item to Ebuyer.
    Please note that the warranty does not apply to ex-display items or cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer?s or Supplier?s instructions, or any alteration or repair carried out without the Ebuyer's prior written approval.


    Have you followed their procedure? Remind them they are breaking their own terms if it wasn't "ex display". You still have statutory rights though.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have another read - it's Ebuyer!

    From Ebuyer ts & cs

    7. Warranty

    All new goods supplied by Ebuyer have a 12 months warranty period from the date the goods were delivered (unless otherwise stated and excluding laptop batteries which carry a 6 month warranty). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Returns procedure. Click here to return an item to Ebuyer.
    Please note that the warranty does not apply to ex-display items or cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer?s or Supplier?s instructions, or any alteration or repair carried out without the Ebuyer's prior written approval.


    Have you followed their procedure?

    I did read it, i just dont use ebay to know what ebuyer would mean anyway. And its cases like this that discourage me from buying anything other than cheap tat from ebay. But thanks for the clarification ;)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • " i just dont use ebay to know what ebuyer would mean anyway. And its cases like this that discourage me from buying anything other than cheap tat from ebay."

    Sorry, but that's lost me!

    http://www.ebuyer.com/
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    " i just dont use ebay to know what ebuyer would mean anyway. And its cases like this that discourage me from buying anything other than cheap tat from ebay."

    Sorry, but that's lost me!

    http://www.ebuyer.com/

    I knew i'd heard the term but for some reason wrongly associated it with ebay! I was possibly more thinking of:
    http://stores.ebay.co.uk/Ebuyer-Express-Shop

    or something else. I shall go back to sleep i think :rotfl:
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • gordikin
    gordikin Posts: 4,422 Forumite
    I did read it, i just dont use ebay to know what ebuyer would mean anyway. And its cases like this that discourage me from buying anything other than cheap tat from ebay. But thanks for the clarification ;)


    Ebuyer and ebay are not connected! Totally different companies.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DSR does not apply in this case because of the time frame but soga does. The contract is with Ebuyer so they should deal with it.

    This applies to the retailer not the customer.
    Your responsibilities for the goods you sell

    You are responsible for the goods you sell and if a customer returns an item they purchased from you that is faulty (it does not conform to contract) because it
    • does not match the description
    • is not of satisfactory quality
    • is not fit for purpose,
    you (not the manufacturer or supplier) are legally obliged to resolve the matter with the customer at any time for up to six years from the date of purchase, or in Scotland for up to five years from the discovery of the problem.

    Any refund, repair or replacement you arrange with your customer relating to faulty goods must not cause them too much inconvenience and you will have to pay for other costs, for example, collection or delivery.

    If you disagree with a customer's claim, you can ask if they are willing for you to send the item to a third party or the manufacturer for inspection. If the customer agrees you can do this, it is important to remember that the goods must not be damaged during this process.
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