Rules re Factory Sealed New in Box and refunds

Tovito

Hypothetical situation that's been churning in my mind:

Let's say I just sent someone a new, unopened laptop I bought from the manufacturer and described it as 'factory sealed, new in box.' The buyer opens it, and tests it out and finds that the DVD makes a buzzing sound, or perhaps the left speaker crackles once in a while, but the laptop otherwise isn't physically damaged and working. The item is under a manufacturer warranty.

Now the question: Is this item considered Item Not as Described, and can be returned to me for a complete refund, or could I tell the buyer that they need to go through the manufacturer to get it fixed. Also, what if I explicitly state in the terms on the listing: 'All sales final, no returns unless item not as described. Any issues must be resolved through manufacturer warranty.'

Of course I could open and check out the laptop up before I sent it out, but then it wouldn't sealed anymore.

amcluesent

Also, what if I explicitly state in the terms on the listing:

Pointless. Ebay\Paypal won't take any notice of disclaimers if the buyer opens a SNAD based on Ebay's own T&Cs for buyer protection.

Oliver14

You would have ro refund. You can put what you like in your listing but you wont be abke to enforce it. Ebsy an Paypal conditions trump yours.

macfly

See, the hypothetical situations that go through my mind are completely different. If I was granted three wishes, what would they be? Would I be prepared to lose a leg for a million compo? Would I go in for a raffle for either Kylie or Anne Widdeccombe if I had to keep one after the result?

Tovito

Thanks for the info. I have not been active in ebay since before buyer protection. Less complicated, but maybe better now that all the rules are clearly outlined. I did see under Conditions under which a case can be filed this:

"You purchased the item on eBay by using the Pay Now option or an eBay invoice."

Does this mean if it was an auction, and not a Pay Now, the buyer can't file a claim?

macfly wrote: »

See, the hypothetical situations that go through my mind are completely different. If I was granted three wishes, what would they be? Would I be prepared to lose a leg for a million compo? Would I go in for a raffle for either Kylie or Anne Widdeccombe if I had to keep one after the result?

Your questions are much nicer than mine. It's just that I have a laptop and I'm not sure if I should sell it on ebay or CL. I will be traveling out of the country soon, so I didn't want to deal with a situation where I would get a laptop with a minor problem sent back and have to go through the warranty claims process. Or what happens if a buyer damages it himself through overclocking or something and says it was that way when he got it?

soolin

Buyer protection has been there for all the time I have used ebay.uk (basically since launch 12 years ago).

The bit you quote relates to returns under the DSRs, for an item not as described or faulty all sellers on either format are subject to returns.

Oliver14

Tovito wrote: »

Thanks for the info. I have not been active in ebay since before buyer protection. Less complicated, but maybe better now that all the rules are clearly outlined. I did see under Conditions under which a case can be filed this:

"You purchased the item on eBay by using the Pay Now option or an eBay invoice."

Does this mean if it was an auction, and not a Pay Now, the buyer can't file a claim?



Your questions are much nicer than mine. It's just that I have a laptop and I'm not sure if I should sell it on ebay or CL. I will be traveling out of the country soon, so I didn't want to deal with a situation where I would get a laptop with a minor problem sent back and have to go through the warranty claims process. Or what happens if a buyer damages it himself through overclocking or something and says it was that way when he got it?

If your this paranoid you shouldn't be selling on ebay

Tovito

soolin wrote: »

Buyer protection has been there

Must be just the new icon and plastering it everywhere that is new, then. (using U.S. version)

Tovito

Oliver14 wrote: »

If your this paranoid you shouldn't be selling on ebay

Perhaps, but I do like money.

Had a few bad experiences in the past. Bought a "new" arc'teyrx jacket and got it with stains and no water beading. Paypal dispute took weeks, and it didn't help that I had to take pictures of dark brown stains on a black jacket with a 3mp camera. Finally called the arc'teryx company and asked where the '07 (or whatever it was) jackets were made. They said "China", tag said "USA." Refunded...finally. And then there were the two times I bought laptops and they never sent the laptop, nor the refund... And all the sellers all had quite high feedback. Sorry about the rant:(

soolin

Tovito wrote: »

Must be just the new icon and plastering it everywhere that is new, then. (using U.S. version)

Actually ebay US has been more protective for years as paypal was always the norm out there and slightly slower to take over here.

However, for faulty items buyers have always had rights and even without sellers specifically being warned about them a buyer could always resort to law.

If you are using ebay US are you in the uS, as if so you really need to check out your terms and conditions on that site as they vary very slightly, and we will be giving you advice for ebay.uk

soolin

Tovito wrote: »

Perhaps, but I do like money.

Had a few bad experiences in the past. Bought a "new" arc'teyrx jacket and got it with stains and no water beading. Paypal dispute took weeks, and it didn't help that I had to take pictures of dark brown stains on a black jacket with a 3mp camera. Finally called the arc'teryx company and asked where the '07 (or whatever it was) jackets were made. They said "China", tag said "USA." Refunded...finally. And then there were the two times I bought laptops and they never sent the laptop, nor the refund... And all the sellers all had quite high feedback. Sorry about the rant:(

If you are being scammed on that sort of basis then I suggest you need to go back to the basics as there is never a need to lose money on a non delivered item. However, once again the advice here will be from an ebay uk point of view