Faulty Ebay Item - can i get a refund?

housewifeintraining

I bought a freeview recorder just over 5 months ago from an eBay shop and it froze yesterday and the only way to get it to do anything was to turn it off at the switch then when it was turned back on it worked for literally a couple of seconds before freezing again.

The seller has said it only had a 90 day warranty and so there is nothing they can do about it.

My question is can I do anything about this as surely it should have lasted for longer than 5 months or it is my responsibility to repair or replace the item myself?

Also the item was a Grade B+ product meaning it was either ex. display, reconditioned or a working customer return - does this affect my rights?

any help greatly received!

easyhost

housewifeintraining wrote: »

I bought a freeview recorder just over 5 months ago from an eBay shop and it froze yesterday and the only way to get it to do anything was to turn it off at the switch then when it was turned back on it worked for literally a couple of seconds before freezing again.

The seller has said it only had a 90 day warranty and so there is nothing they can do about it.

My question is can I do anything about this as surely it should have lasted for longer than 5 months or it is my responsibility to repair or replace the item myself?

Also the item was a Grade B+ product meaning it was either ex. display, reconditioned or a working customer return - does this affect my rights?

any help greatly received!

its not fit for purpose so you are covered under the SOGA and online so DSR also covers you.

housewifeintraining

Thanks for your quick reply.

I've never had to deal with something like this so how should I go about complaining?

easyhost

housewifeintraining wrote: »

Thanks for your quick reply.

I've never had to deal with something like this so how should I go about complaining?

well it will be too late to start a paypal claim ( i assume you paid through paypal)

contact the seller and tell his that under the Sales of Goods Act (SOGA) the item is not fit for purpose and under 6 months, so they must either
1) repair the item
2) replace the item
3) give you a full refund including any postage costs.

housewifeintraining

Thanks for the advice I've contacted the seller and am just waiting for their response.

housewifeintraining

The seller has responded with the following

"Unfortunately the 90 days warranty for the unit is up, you have had the unit for 5 months already we can not replace the unit for you."

Is this correct?

bris

housewifeintraining wrote: »

The seller has responded with the following

"Unfortunately the 90 days warranty for the unit is up, you have had the unit for 5 months already we can not replace the unit for you."

Is this correct?

No, it's not correct, but your at the stage where you may need to start a small claims action to recover your money.
It looks like the seller is digging his heels in, so not much more you can do.
Try a letter before action, this might help.

tomwakefield

Just to confirm - was this from a business or a private seller?

housewifeintraining

It is from an ebay shop so I am presuming that it is a business seller

techspec

Was it brand new?

Also - is it defo not the ariel thats moved?

housewifeintraining

It was sold as new but is Grade B+ like I said in the op which means it was either ex. display, reconditioned or a working customer return.

It's definitely not the aerial as the tv which also has freeview is still working.