Defective PC bought from ebay - can I get a refund?

Emma64

Hi,

On the 09th March, I bought a refurbished PC from an eBay business seller. This was paid by Paypal, and the money came partly through my Paypal balance, and partly through funds in my bank account.

The pc was delivered on Monday the 19th March. I have already experienced several "blue screen of death", and this morning was the most severe (the previous times, switching the pc on and off several times enabled me to proceed); I emailed the seller to check I'd get a refund. As far as I can tell, I'm still within the 7 days cooling off period, and can cancel the contract, which is what I want to do...but still, I wanted to check wether I would be getting my money back...

The latest response from the seller was as follow:
"You are welcome to return item for testing and if needed repair but as per warranty in the listing we must stick to this warranty thanks"

The warranty basically says:
"3 month return to base warranty. No refunds or replacements will be given if you’ve simply changed your mind."

So it seems to me that they are saying that my only choice is that they will fix the pc if I send it back to them.... but I'm not happy going down that route (fix for how long? looks like the pc is already severaly defective to start with, if I'm having problems with it after only a few days... ).

And I do not feel this falls under the category "changed your mind". I very much want a PC...but I want one that's in working order.

What are my options? Am I right in thinking I have the right (in theory, at least) to cancel the contract?

If not, and I send back the pc and they send me a fixed one, and it develop a fault again, can I then get a refund? Or do I have no other choice than to keep sending the computer back (losing more and more money each time)?

Thank you so much in advance for anybody who might be able to shed some light on this...

custardy

you havent changed your mind
it doesnt work
return it via a fully tracked service
you bought on eBay,so wont need to push DSRs
get it returned ASAP
if the seller wont refund,fiile a not as described dispute with paypal
input your tracking number as the return
Do this quickly though as its been 2 weeks already since purchase

unholyangel

Is the business seller located in the UK?

If so, you can reject it outright under sale of goods act (not fit for purpose) and receive a full refund. You can do this within a reasonable time.....I'd say you're still well within a reasonable time to reject it but of course, i'm not a judge

You'll find templates online for rejecting under SOGA - non-acceptance. You can either print it off and post it or email it to them. Then let them get back to you.

Once it is deemed the consumer has accepted the goods, they can request a repair, replacement or a refund but the retailer can refuse if it is disproportionately costly compared to other remedies. However, you're rejecting now so.....this should be a non-issue.

Also, whether you go for the refund or the repair, they should be responsible for costs involved.

Emma64

Thanks, that's what I thought, but I wanted to double check. I'll send it back and cross my fingers that the vendor will not come back to me saying, "well, when tested in our workshop, it does work" (I mentioned the 7 days period for cancellation, and they haven't acknowledged it).

Can I take it that getting the BSOD a few days into using a newly bought (refurbished) computer means that the computer is definitely faulty?

unholyangel

Emma64 wrote: »

Thanks, that's what I thought, but I wanted to double check. I'll send it back and cross my fingers that the vendor will not come back to me saying, "well, when tested in our workshop, it does work" (I mentioned the 7 days period for cancellation, and they haven't acknowledged it).

Can I take it that getting the BSOD a few days into using a newly bought (refurbished) computer means that the computer is definitely faulty?

Could be quite a few things. The tech board could probably help more and might be able to tell you where the error is originating. PC advisor have a board to help with that kind of stuff too

Emma64

@unholyangel oh, I know...that's why I don't really want to troubleshoot it, or keep the pc hoping that it might all work out eventually... It's just that, from I've seen about refunds within the context of the sales of goods act, the first question is: is the item faulty? (If it is, then I believe I'm entitled to a refund; if it's not, then I'm definitely not, and that's fair enough.) So I'm just wondering...in the case of a BSOD on a refurbished pc that's only been used for a few days.... and sometimes it appears, and sometimes it doesn't appear.... is this a clear cut case? I know it's not acceptable to me, but I was wondering where does a case like that stand, legally?

Of course I'm going to send back the pc invoking the cooling off period, but if the seller says I'm too late (I know I received the pc on Monday, and I signed something to that effect...but that's with the courier company, not with me, so I have no proof), I'm just wondering how I can make sure I get my money back, rather than be stuck with a pc that sometimes work and sometimes doesn't....

I hate computers.

unholyangel

Emma64 wrote: »

@unholyangel oh, I know...that's why I don't really want to troubleshoot it, or keep the pc hoping that it might all work out eventually... It's just that, from I've seen about refunds within the context of the sales of goods act, the first question is: is the item faulty? (If it is, then I believe I'm entitled to a refund; if it's not, then I'm definitely not, and that's fair enough.) So I'm just wondering...in the case of a BSOD on a refurbished pc that's only been used for a few days.... and sometimes it appears, and sometimes it doesn't appear.... is this a clear cut case? I know it's not acceptable to me, but I was wondering where does a case like that stand, legally?

Of course I'm going to send back the pc invoking the cooling off period, but if the seller says I'm too late (I know I received the pc on Monday, and I signed something to that effect...but that's with the courier company, not with me, so I have no proof), I'm just wondering how I can make sure I get my money back, rather than be stuck with a pc that sometimes work and sometimes doesn't....

I hate computers.

paypal. Section 75 usually only works if there is a direct relationship between the card company and the retailer but when paying by paypal....its card company > paypal > retailer. Chargeback may or may not have the same rules if you paid by visa or mastercard but this is relying on their own policy as opposed to law.

Since you said funds from your bank and paypal balance....all the money would be paid by paypal so paypal would be your best bet i believe. You want to open the dispute early though. AFAIK, paypal have a 45 day limit.

cattie

What operating system does it have? If Windows ME then that was always notorious for the BSOD.

custardy

Emma64 wrote: »

@unholyangel oh, I know...that's why I don't really want to troubleshoot it, or keep the pc hoping that it might all work out eventually... It's just that, from I've seen about refunds within the context of the sales of goods act, the first question is: is the item faulty? (If it is, then I believe I'm entitled to a refund; if it's not, then I'm definitely not, and that's fair enough.) So I'm just wondering...in the case of a BSOD on a refurbished pc that's only been used for a few days.... and sometimes it appears, and sometimes it doesn't appear.... is this a clear cut case? I know it's not acceptable to me, but I was wondering where does a case like that stand, legally?

Of course I'm going to send back the pc invoking the cooling off period, but if the seller says I'm too late (I know I received the pc on Monday, and I signed something to that effect...but that's with the courier company, not with me, so I have no proof), I'm just wondering how I can make sure I get my money back, rather than be stuck with a pc that sometimes work and sometimes doesn't....

I hate computers.

As I said,you have Paypal back up
The seller sells on eBay,so regardless of their T&Cs
they are held to the eBay/PP terms

shaun_from_Africa

As Custardy and unholyangel stated, just open a Paypal not as described dispute.

Provided that the dispute goes in your favour (which is almost certain), you won't have to worry about the SOGA or the DSR's, nor will the seller have any need to test the computer.

All you will have to do is to ensure that it is returned by a method that shows delivery online and you will get your refund.
You will have to pay the return costs yourself, and although legally these should be refunded if the goods are faulty, it's not always the case that a seller will pay.

wealdroam

Emma64 wrote: »

Of course I'm going to send back the pc invoking the cooling off period, but if the seller says I'm too late (I know I received the pc on Monday, and I signed something to that effect...but that's with the courier company, not with me, so I have no proof), I'm just wondering how I can make sure I get my money back, rather than be stuck with a pc that sometimes work and sometimes doesn't....

If you are thinking of the Distance Selling Regulation's cooling off period, then you generally have up to seven working days to notify the seller of your intention to cancel. That seven working days starts on the day after delivery and does not include Saturdays, Sundays or bank holidays.
You do not have to send the goods back within that seven days, although IMHO you should send it back as soon a possible.
Sending the notification by email is ok.

Having said all that, and as others have said, using the Paypal dispute method is by far the best approach.