Ebay-item developed fault after claim period.

bagginslover

We bought a Foscam digital webcam almost a year ago. It was wonderful, but very quicky ceased working.We contacted the seller and he exchanged it for a new one.

7 months on, the new one has ceased working in the exact same way (power it getting to the camera as the power indicator lights up, but the camera doesn't function at all). We have contacted the manufacturer,who said to go to the seller, but of course ebay won't allow you to message someone after 90 days of the auction ending.

There is obiously a fault with this particular model, as both the cameras were put into their 'permanent' position (we are using it as a security camera that we can view over the web) and then stopped moving after being moved just once (original camera had to be resited slightly, the second one was moved to watch our new dog for signs of seperation anxiety). Neither of them were dropped or roughly handled,and both worked fine in their new positions for a day or so.

What can we do? Can we get their info through ebay,and are they actually bound to do anything as its through ebay?

Thanks in advance for any helpyou can offer.

wealdroam

bagginslover wrote: »

We bought a Foscam digital webcam almost a year ago. It was wonderful, but very quicky ceased working.We contacted the seller and he exchanged it for a new one.

7 months on, the new one has ceased working in the exact same way (power it getting to the camera as the power indicator lights up, but the camera doesn't function at all). We have contacted the manufacturer,who said to go to the seller, but of course ebay won't allow you to message someone after 90 days of the auction ending.

There is obiously a fault with this particular model, as both the cameras were put into their 'permanent' position (we are using it as a security camera that we can view over the web) and then stopped moving after being moved just once (original camera had to be resited slightly, the second one was moved to watch our new dog for signs of seperation anxiety). Neither of them were dropped or roughly handled,and both worked fine in their new positions for a day or so.

What can we do? Can we get their info through ebay,and are they actually bound to do anything as its through ebay?

Thanks in advance for any helpyou can offer.

Did you buy from a business seller?
If so, their contact info will be on all the listings for items they are selling or have sold.

Might be worth asking on the ebay board too.

custardy

as a business seller they have the same obligation on or off eBay
only difference is eBay has a separate process of buyer protection for a short period
so contact the seller as you would any other online store

squeaky

Hi,

I think the experts on eBay will be best able to help you with this one, so I'll move your query across there.

Good luck

Forum_Team wrote:

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email forumteam@moneysavingexpert.com.

botanical

bagginslover wrote: »

We bought a Foscam digital webcam almost a year ago. It was wonderful, but very quicky ceased working.We contacted the seller and he exchanged it for a new one.

7 months on, the new one has ceased working in the exact same way (power it getting to the camera as the power indicator lights up, but the camera doesn't function at all). We have contacted the manufacturer,who said to go to the seller, but of course ebay won't allow you to message someone after 90 days of the auction ending.

There is obiously a fault with this particular model, as both the cameras were put into their 'permanent' position (we are using it as a security camera that we can view over the web) and then stopped moving after being moved just once (original camera had to be resited slightly, the second one was moved to watch our new dog for signs of seperation anxiety). Neither of them were dropped or roughly handled,and both worked fine in their new positions for a day or so.

What can we do? Can we get their info through ebay,and are they actually bound to do anything as its through ebay?

Thanks in advance for any helpyou can offer.

7 months is a long time after the purchase and long after the claim period of 45 days on eBay.

Was the camera new? If it was you can try going back to the manufacturer armed with your consumer rights from another part of this site!

If it was used when you bought it I'm afraid that the item has to be deemed broken through use.

bagginslover

Both cameras were brand new,and sealed in their boxes, and we have had confirmation from the manufacturer that the one we still have is genuine (many are fake apparently,a scary thought when it went wrong!). 7 months isn't a long time to expect a peice of equipment to work for, espcially for an expensive camera (its not just a standard small webcam, its is motorised, has infrared night mode, and is designed to be used as a remote access (via web connection, without connection to a computer) camera.

How do I find out if a seller is a business seller? What are the differences in my rights witha business seller on ebay as opposed to a standard seller? I have used ebay for years, but have only ever bought vintage toys before-much easier to see what you are buying!

botanical

bagginslover wrote: »

Both cameras were brand new,and sealed in their boxes, and we have had confirmation from the manufacturer that the one we still have is genuine (many are fake apparently,a scary thought when it went wrong!). 7 months isn't a long time to expect a peice of equipment to work for, espcially for an expensive camera (its not just a standard small webcam, its is motorised, has infrared night mode, and is designed to be used as a remote access (via web connection, without connection to a computer) camera.

How do I find out if a seller is a business seller? What are the differences in my rights witha business seller on ebay as opposed to a standard seller? I have used ebay for years, but have only ever bought vintage toys before-much easier to see what you are buying!

Yes, as you say, as they were new then 7 months is well within time. They should still be under manufacturer's warranty.

Perhaps the consumer's rights forum may be able to advise you if you have the right to take it straight to the manufacturer or not.

You can find the details of your seller and the transaction in your PayPal account history. All sellers, whether business or not, are bound by the 'distance selling regulations' if the item was purchased as a Buy It Now item. This deals with refunds and buyers rights within a certain time, but not the issue of warranties. Auction sales are different are not bound by distance selling rules.

The issue of a warranty for faulty goods would be best pursued on the consumer rights forum on this site.

If you decide to make a claim against the seller, then it's beyond the time when a case could be opened, so it would be a 'chargeback' on PayPal, which is explained in your PayPal account.

wealdroam

botanical wrote: »

All sellers, whether business or not, are bound by the 'distance selling regulations' if the item was purchased as a Buy It Now item.

I am not sure that is right.

On page 8 of The OFT's guide to Distance Selling Regulations we are told...

2.18 Sales by private individuals not acting for business purposes are not covered by the DSRs.

botanical

wealdroam wrote: »

I am not sure that is right.

On page 8 of The OFT's guide to Distance Selling Regulations we are told...

My apologies to bagginslover about any confusion caused. (probably busy on the consumer rights forum?)

Thanks for putting me right on that wealdroam- you are right-
I've just checked on eBay and the Distance Selling Regs don't apply to private sales even on BIN.

Although it doesn't make any difference to 'chargeback' in PayPal etc

bagginslover

Thank you all, no worries about the confusion, it doesn't take much to fluster me

We have just looked up all the 'detailed' details and we actually prurchased the first camera on June 7th last year, so the second camera is even newer than I thought.

This thread was moved from consumer rights in the first place...will it be OK for me to repost it there do you think? (no harm in trying I suppose!! )

botanical

bagginslover wrote: »

Thank you all, no worries about the confusion, it doesn't take much to fluster me

We have just looked up all the 'detailed' details and we actually prurchased the first camera on June 7th last year, so the second camera is even newer than I thought.

This thread was moved from consumer rights in the first place...will it be OK for me to repost it there do you think? (no harm in trying I suppose!! )

(very kind of you) yes, try them over at consumer rights. And best of luck!