Ebay cable broke my xbox

liznste

the shop i toke it to said its non repairable unless sent to Microsoft repair service
im thinking to email the seller see if he even pays attention or just trys to fob me off
am i right in thinking he should be held accountable in some way even if in the listing he states he will not be held responsible for any damage
if the cable has no use other than destroying things
i am in shock with my xbox gone over something so petty and angry at myself for not doing more research and the shop for selling such an item

unholyangel

Providing it falls within UK law etc, i thought retailers couldnt diminish their liability?

liznste

im not sure at all

Emmie75

Hi,

I sell on eBay (not in that category).

Looking at their feedback, 27 negs and 40-odd neutrals in a year would be bad, but in just one month it's absolutely dismal performance. Always, always check seller's feedback before buying, and if it isn't great - don't buy!

I suspect they're having goods dropshipped from China, which means the items are sent to the customer direct from the Chinese manufacturer. This is perfectly legal and above board, but it does mean there may be precious little or even no quality control checking done before items are sent out. That would explain some of their neg feedback.

I can't find anything on their listing which says they will not be held responsible (aside from the comment relating to postal issues), and I think if they did it wouldn't carry any legal weight.

1. They display the XBox logo against that listing, which implies compatibility
2. They only mention VCR, PC and laptop as being incompatible

If you read their neg feedback you'll see that some unhappy buyers mention their poor communications performance (one says they don't speak English), so I wouldn't feel too hopeful about getting a satisfactory response.

However you should make one attempt to contact them about the issue, and if they don't respond within a few days then go straight to eBay. EBay policy is very much weighted towards buyers, and they will take up the case. I don't know that they can force the seller to do anything other than refund the cost of the HDMI lead, but if they threaten to suspend the seller's account it might well be enough to persuade them to pay for the cost of repairing your XBox.

Sorry you've had a rotten experience. The majority of eBay sellers go the extra mile to make sure buyers are happy and get great customer service, but unfortunately not all. Good luck, and I hope eBay get it sorted for you.

esuhl

liznste wrote: »

the shop i toke it to said its non repairable unless sent to Microsoft repair service

Games consoles are mass-produced and not really intended to be repairable. It will probably cost a lot to repair the xbox (and maybe it wouldn't be viable and you'd need to buy a replacement), but that's not really your problem.

I'm pretty sure (see here) that the Sale of Goods Act requires goods to be fit for purpose and you can claim for any damage that they do. I would try to get some indication of how much it would cost to buy a second-hand xbox in the same condition that yours is in, or to have your xbox repaired, then claim for that, plus the cost of the cable (including postage).

liznste wrote: »

im thinking to email the seller see if he even pays attention or just trys to fob me off

I find that you get the best results by simply stating what has happened, and what you want the seller to do to remedy that. That way they'll know you are serious, that you know your rights, and that there is no room for discussion - you will pursue the matter.

liznste wrote: »

am i right in thinking he should be held accountable in some way even if in the listing he states he will not be held responsible for any damage

That's right - you have certain statutory rights which cannot be taken away from you. If the listing states otherwise, I think that would breach the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations.

liznste wrote: »

if the cable has no use other than destroying things
i am in shock with my xbox gone over something so petty and angry at myself for not doing more research and the shop for selling such an item

I know what you mean! I'd double-check that you've used the cable correctly - it looks like you can only connect an HDMI device to a VGA TV and not the other way round (which I think is what you did). Assuming you have, I'd be livid!

Good luck!

wealdroam

Emmie75 wrote: »

I can't find anything on their listing which says they will not be held responsible (aside from the comment relating to postal issues), and I think if they did it wouldn't carry any legal weight.

There is this in their listing...

What Happen If I Buy This Item And It Cause Damages: We will not accept any Liability or claim, other then for replacing this item or refund as stated above.

It's in the 'returns policy' box.

pendulum

Emmie75 wrote: »

Hi,

I sell on eBay (not in that category).

Looking at their feedback, 27 negs and 40-odd neutrals in a year would be bad, but in just one month it's absolutely dismal performance. Always, always check seller's feedback before buying, and if it isn't great - don't buy!

Sorry, but your talking rubbish. They are a top-rated eBay seller with 99.6% feedback. You cannot judge a seller by the quantity of negatives without taking the quantity of positives in to account. That sellers shifts thousands of items a month (5607 in the last month), so 28 negs and a few more neutrals isn't bad going.

unholyangel

wealdroam wrote: »

There is this in their listing...

It's in the 'returns policy' box.

Interesting that it says they wont accept liability and not that they cannot be held liable.

IMO someone can still be held liable without accepting liability. Not commenting on this case in particular, just in general.

unholyangel

pendulum wrote: »

Sorry, but your talking rubbish. They are a top-rated eBay seller with 99.6% feedback. You cannot judge a seller by the quantity of negatives without taking the quantity of positives in to account. That sellers shifts thousands of items a month (5607 in the last month), so 28 negs and a few more neutrals isn't bad going.

I'd agree with that. However i would say why the negatives were left would be important, at least to me. If its for refusing to sort out a problem, i'd likely stay clear of them.

I've had 1 negative feedback in my ebaying time. Left by a seller after they advertised free postage then charged and didnt reply to my emails regarding it even after a few weeks. Ofc this was 6 years ago and obviously i havent had any problems since.

Even the best sellers are bound to have some negatives. Obviously the more they sell, its more likely they will have more negatives. Law of averages i suppose.

liznste

thanks to every one for the info and putting the time in now i have a little ammo i will contact the seller today and see were it takes me i will update as it unfolds
thanks again to every one