ebay buyer- 45 day cooling period over. help!

teenz88

I bought garden stepping stones from an established business on ebay (they have their own website too). The advertisement stated it can take 120kg weight.

On the 50th day of use, my foot fell right through the stepping stone and there is a gaping hole in it. another two were damaged in the same way. Shockingly, they are hollow and made of plaster inside which shows poor manufacture and I weigh less than 50kg! I bought six for £57! (incl. p&p).

ebay refused to help me because the 45 day period had gone. The business has also refused to replace my stepping stones.

I had no way of knowing how poorly they were made and they defy the point of stepping stones.

I read up on consumer rights and still confused as to whether I can take this matter further.

Can someone please help me on this matter. Thank you.

ThumbRemote

You can take the matter further. Firstly, ignore ebay. You bought them off the business, and that is who you need to deal with. Write to the business explaining the situation, stating that the stepping stones were not of satisfactory quality and you therefore require a full refund.

teenz88

Thank you. To me it seems they are not going to negotiate. This is what they had to say: [FONT=arial,sans-serif]

Hello, We have received your claim but we are unable to offer a replacement or refund on this occasion. As per the Sales of Goods Act all claims for damages must be made within a 'reasonable' time limit and unfortunately your claim was not made in writing within a reasonable time. Please see our Terms and Conditions for full details.[/FONT][FONT=arial,sans-serif]
[/FONT][FONT=arial,sans-serif]
Should you wish to purchase spare parts then please let us know and we will see if we can obtain a quote from the manufacturer.[/FONT][FONT=arial,sans-serif]
[/FONT]

visidigi

they have to prove the fault was not already within the product during the first 6 months of ownership - 50 days is under 2 months - indeed, its probably over a reasonable amount of time for a refund, but faulty goods, which these are, can and should be replaced within 6 months if they are not fit for purpose - which is this case they are not.

paddyrg

2 months is certainly reasonable for a product you expect to last for 20 yrs! Try a 'letter before action' stating you're claiming under SoGA, with a copy and paste of the appropriate sections regarding inherent faults and reasonable times. Point out that you will sue via the Small Claims Court if they don't sort out the refund and collect the defective goods within (say) 14 days. Then follow through on the claim via moneyclaimonline.gov.uk, it'll cost you £30 or so, and that gets added to their bill.

arcon5

I wouldn't expect a £9.50 pebble to last very long to be honest -- let alone 20 years.

Less if you take it the fact P&P was included.

shaun_from_Africa

Hello, We have received your claim but we are unable to offer a replacement or refund on this occasion. As per the Sales of Goods Act all claims for damages must be made within a 'reasonable' time limit and unfortunately your claim was not made in writing within a reasonable time. Please see our Terms and Conditions for full details.

I would reply with:

Hello, I have received your reply and I must remind you that the when the Sale of goods act refers to a claim being made within a reasonable time, this is for faults or damages that were there when the goods were delivered.

When a fault becomes apparent after this "reasonable time" and before 6 months have passed, it must be assumed that the fault was there at the time of the sale, and the onus is on the retailer to prove otherwise.
The Sale of goods act also states that goods sold must be durable, fit for purpose and last a reasonable time, and I do not consider 2 months reasonable.

If you are unwilling to honour your legal obligations then you will leave me no alternative but to seek redress by other means, namely the small claims court or moneyclaimonline, the fees for which will be added to the cost of the faulty goods.

I wouldn't expect a £9.50 pebble to last very long to be honest -- let alone 20 years.

Nor would I, but I would certainly want more than 2 months use from it.

paddyrg

arcon5 wrote: »

I wouldn't expect a £9.50 pebble to last very long to be honest -- let alone 20 years.

Less if you take it the fact P&P was included.

Indeed, but if it is sold as a 'stepping stone', it should be able to bear being stepped on... 'stone-effect ornament' would make me more wary ;-)

T_T_2

Perhaps the OP would provide a link to where the product is listed on eBay?

Without reading the description of the item in full it is difficult to give advice of any value.

fthl

[FONT=arial,sans-serif]"As per the Sales of Goods Act all claims for damages must be made within a 'reasonable' time"

This isn't correct. Claims for a full refund need to be made within a reasonable time. Claims for damages (compensation), a repair, replacement, reduction in price can be made for up to six years.
[/FONT]