eBay Sellers Rights

docomoyo

In 2008 I purchased a top of the range Sharp Plasma Flat screen television. With the deal I was give a FREE Sharp Blu-ray Player with Built in Wireless (WLAN) connection. I didn’t want the player but accepted it as it was part of the bundle deal. I have never opened the unit and it remained in my garage until recently.

I recently sold this unit on eBay and I was delighted! The buyer paid on time and I dispatched the item via myHermes. This is where my problems have started.

The person I who brought the item is in the media production and broadcast profession. He apparently connected the Sharp Blu-ray Player up and it did not perform as it should have done. Over the next 3 days I received the following message from him:

On Day 1, I received this message ::::: “Hi, not very happy, have tried this unit and not all functions work properly, I have taken it to a broadcast engineer to have it checked and he has noticed two cracks in the power board, it looks like poor manufacture---one crack has dislodged the current feedback IC and now will never work properly again. Under these circumstances I will want my money back and the return postage to you”

On Day 2, I received this message ::::: “I have sent you two e mails regarding the Blu-ray Player you sent, but so far no response and now not happy, this item was faulty before you sent it and I have proof from a broadcast engineer of the fact. If you feel no returns covers you, I have to tell you it does not as the item was ( not fit for purpose ) the legal term”

On Day 3, I received this message ::::: “When your unit arrived you stated it was brand new, however it was in an open box not sealed as it would have been if new! this unit had been opened so not new in unopened box as stated. When I put this unit on test the scaling was unstable after about 1 hour and got worse when left on, I have an independent engineer who does work for me, I asked him to have a look at the unit, he took the top cover off to see if there was anything loose, he found part of the power supply printed board broken, this was a manufacturing fault from new or the unit has been played about with. In law I do not have to prove the unit was brand new, you have to prove it was ! as per your description, sale of good act states, brand new is as if purchased from the retailer, this clearly was not the case, as well as it being faulty”

Do I have to give this man a refund? Before you answer that let me give you an example. Let’s assume I purchased the same item from John Lewis. I take this unit home and discover it wasn’t functioning in the manner I expected it to function. I get my screw driver and open it up to see if I can see anything obvious. I can’t so I take it back to John Lewis and tell them I opened it up and took the cover off. Do you think it is acceptable for John Lewis to give me a refund?

I feel I do not need to give this man a refund because he opened up the unit, in fact the term I prefer to use is he has “tampered” with it. How do I know he hasn’t created more problems than might have existed Note from his messages, it took him 3 whole days to bring to my attention about the unit not begin as described, “Brand New”, a visual observation not a technical one. Personally I find this a little odd, like he’s found a sure definite route in order to demand a refund.

I would happily give this man a refund if he received the Blu-ray Player, plugged it, discovered it wasn’t functioning as he expected, put it back in the box and then simply got in touch with me requesting a refund. But this is not the case, he has tampered with it!

I would welcome some advice from my fellow members on this site.

Elle7

Has he got an independent engineers report? Under SOGA, this would need to say the fault was inherent, and a retailed would have to accept a return.

However, I think your buyer is a bit confused because I don't think this applies to Ebay?

You state you didn't open the box, and yet he states it was opened. Did you send it sealed? How long has he had it? I agree with you to a certain extent, but I think this is a borderline case...

Also, how much did it sell for? I can't imagine a 3 year old blu-ray going for much?

scheming_gypsy

I can see this ending pretty badly..

1 - i'm guessing he's not in the media profession but a scrote.
2 - he's not had it professionally checked
3 - he'll open a case in Paypal
4 - you'll end up having to refund him and getting a piece of crap back from him while he gets the blueray and the money.

i've guessed at that because you somehow know he's in the media profession which sounds like he's getting a cover story as an 'expert'.

Although the SOGA doesn't apply as you're a private seller he'll be covered under the buyer protection.

Mupette

did you not check the item worked after being stored in the garage for a few years before you sold it on?

mynameisdave

"I have an Independent engineer who does work for me." If they have existing ties, surely his independence can be questioned? If his report does not say as this guy wishes then he might not get any more work from him.

shaun_from_Africa

scheming_gypsy wrote: »

I can see this ending pretty badly..

Although the SOGA doesn't apply as you're a private seller he'll be covered under the buyer protection.

But to be eligible for a return under buyer protection, the goods should be returned in the same condition as received.
The buyer has admitted that the unit has been taken apart so this can't be done.

What they should have done when they found that t wasn't working was to contact the seller or opened a dispute then.
If/when they open a dispute, make sure that you point out that the buyer has admitted that they have taken the player apart before contacting you.

Oliver14

Offer them a refund on return. If they open a paypal dispute that's what will happen and you will be forced to refund. Nothing else really matters because the paypsl decision will trump anything else.

You really should have checked it as something that has been stored for 3 years could easily be faulty

Oliver14

shaun_from_Africa wrote: »

But to be eligible for a return under buyer protection, the goods should be returned in the same condition as received.
The buyer has admitted that the unit has been taken apart so this can't be done.

What they should have done when they found that t wasn't working was to contact the seller or opened a dispute then.
If/when they open a dispute, make sure that you point out that the buyer has admitted that they have taken the player apart before contacting you.

Shaun that is unlikely to makeany difference especially if the buyer opens a paypal dispute. There may be a small chance with afn ebay dispute as they have more leeway but its still a bit of a longshot

unholyangel

As for DSR's/Sale of Goods Act applying, doesnt that fall on:

a) How it was purchased (buy it now, auction etc)
b) If the OP is a private seller or business?

I'm not technological to this extent so this is purely speculative.........but if one was modding a blu-ray player to play copies, would that require opening the unit? Could it be possible he has damaged the product by that means?

Personally i think he's done a bit of research, discovered that he has no grounds (legally anyway....not counting ebays policy) unless the item isnt as described so is now claiming it was opened. Do you have any pictures of the box before you sent it? I know one off sellers mostly likely dont do this but i believe seasoned ebayers usually do this just in case things like this come up.

arcon5

I'm pretty sure the act of opening a product won't affect any rights under SOGA, so long as a duty of care was taken and bearing in mind it was done by a specialist.. Otherwise everytime an item was deemed faulty and an engineer report produced it would be a getout clause for the retailer. Don't forget (whether impartial or not) he had an engineer open it up and not just anybody (assuming he's telling the truth).

Although if it was a private sale it changes things in the eyes of the law somewhat, it doesn't change the fact you agreed to ebays T&Cs which includes a buyer protection policy -- which I trust you read when you agreed to it?

It also seems to me that it is infact the seller trying to do over the buyer on a technicality. You did sell goods which you never checked before sending so the buyer may well simply be an innocent buyer fallen foul to a negligent seller.
Obviously though if the item comes back and by inspecting it he has damaged it or caused the damage then naturally dispute it.

However, as it stands you've sold faulty goods and cannot prove otherwise, so just arrange for a refund -- it's inevitable anyway.

somethingcorporate

Even if he's lying you will end up having to refund him, ebay is stacked in favour of the buyer. I think you will be lucky to get the player back too.