Who do I claim from, manufacturer, ebay seller or no-one?!

bagginslover

I first posted about this issue in this section of the site, but as it was about ebay it was moved, but now I'm being directed back here for advice, so reposting (hope thats ok?!)

https://forums.moneysavingexpert.com/discussion/3136508

^my original thread.

So, what are my rights, do the manufacturers (who are in China I beleive, as is the seller) have to replace/refund or is it on the sellers shoulders? Does anyone actually have to do anything?

The item was bought on ebay from a private seller(not business seller, not as far as I can tell anyway-they are 'top rated' whatever that means) as a BIN item. We have emailed the seller a few times now, but with no response.

Someone in the other thread mentioned a 'chargeback' through paypal. Is that something we can do if we cannot get a response from the seller? The payment was from a debit card through paypal, are you even able to do chargebacks on debit cards?

As I'm sure you can tell, I have no idea what my consumer rights are in a case like this, and indeed if I have any at all. Any advice would be very greatfully received.

paddyrg

The British courts have no jurisdiction, and you have no British Consumer rights.

wealdroam

OP, post #7 on your other thread advised...

botanical wrote: »

...it would be a 'chargeback' on PayPal, which is explained in your PayPal account.

I know nothing about the process, but from the above it looks like info is available in your Paypal account.

There is a bit at the bottom of the MSE article on Section 75 Refunds about debit card chargebacks.

bagginslover

Thank you both for taking the time to reply.

paddyrg-I thought that would probably be the case

wealdroam-I have looked on paypal, but I can't find actually how to do one....We bought it through OH's account though, so I'll ask him to contact PP and ask.

unholyangel

paddyrg wrote: »

The British courts have no jurisdiction, and you have no British Consumer rights.

Its late for me (just finished work) so i may have missed it but the OP said the manufacturer is in China but never specified where the seller was located?

OP, on your other thread you say you returned the first as faulty and they sent another one, i would say that this suggests they may be acting in the course of a business. I think it depends on a few things. ie, are they selling more than one of the same item? Are they selling for profit? etc

I may have missed this also but how did you buy the item? As the result of an auction or buy-it-now?

Oliver14

Your out of time to do anything via ebay or Paypal.

bagginslover

unholyangel wrote: »

Its late for me (just finished work) so i may have missed it but the OP said the manufacturer is in China but never specified where the seller was located?

OP, on your other thread you say you returned the first as faulty and they sent another one, i would say that this suggests they may be acting in the course of a business. I think it depends on a few things. ie, are they selling more than one of the same item? Are they selling for profit? etc

I may have missed this also but how did you buy the item? As the result of an auction or buy-it-now?

The seller is in China too I beleive, but using a proxy service here in the UK for returns (we had to send the faulty camera to a UK address before they would ship the replacement). They are selling like a business in the ways you mention (holding stock of the same items etc) but don't appear to be an ebay business seller. It was bought as a BIN, not an auction format sale. Does that make a difference even though they are abroad?

unholyangel

Not that i'm aware of, however it could've made a difference if bought here in the UK.

Sorry!