Guarantee for new item from private seller

Mindless_Clone

Just wondering about something and it's sort of a hypothetical question. .

If I buy something electrical from a private seller on ebay, that's new in box... and comes with paperwork including extended warranty, could I in theory claim on it?

I say hypothetical but I have some straighteners that have just packed up having been bought in a private ebay auction some time ago.
Obviously I could not claim from the seller (who sold them in good faith and they worked for a good while) and he/she is not a retailer, which would be the normal first course of action. They were new in original box when I bought them, although how long the seller had them before selling, I cannot say. I have no interest in claiming off the seller, even if I could because it's not their fault it packed up 4 months after they sold it. I just noticed the warranty paperwork in the box it came in and it says it can be returned to manufacturer provided proof of purchase is supplied. It does not say it has to be a retailer though.
They were not terribly expensive to me (new about £85 but I paid just over £20 in a fortuitously timed auction ) so I'm not desperately out of pocket, but would obviously going to cost me more than I paid to replace them like for like (or go cheaper and deal with the frizz).
I was just interested to know if it's worth trying to get it fixed/replaced on the warranty?

Crowqueen

Your contract is still with the seller, not with the original seller/issuer of the guarantee.

The Sale of Goods Act only covers you for not-as-described with a sale from a private seller.

You needn't 'claim' off the seller - you could drop them a line, say you have the problem with the item, ask if it is still under guarantee, and make it obvious that you would like to sort it out with them - co-operate rather than go in in an antagonistic manner. Is the guarantee good for money back? When I bought my first 6 gen nano iPod, it went faulty after 3 months but even though I bought it from a business (PC World), they would only offer a repair, rather than the money to go and buy another one (I would have topped up a refund and bought a larger Classic as I don't particularly like the tiny touchscreen of the 6th Gen nano, so it was a bit annoying that the time during which they would have refunded me was past).

See what you can arrange with them. To get the proof of purchase you are going to have to ask them for that anyway. Just approach it with tact and diplomacy rather than go in all guns blazing.

Good luck.

trukdiver

You may be able to get them repaired or replaced by the manufacturer but you'd need the proof of purchase from the seller to prove how old it is (unless it's got a manufacturing date stamped on it).

I'm surprised that things can be described as "brand new" on eBay when they would have to be described as "mint condition" or "unused" or "like new" if they were sold anywhere else.

Mindless_Clone

trukdiver wrote: »

You may be able to get them repaired or replaced by the manufacturer but you'd need the proof of purchase from the seller to prove how old it is (unless it's got a manufacturing date stamped on it).

I'm surprised that things can be described as "brand new" on eBay when they would have to be described as "mint condition" or "unused" or "like new" if they were sold anywhere else.

To be fair it probably was described as new but old, if you know what I mean. I can't remember the exact listing now, but I know sometimes I've struggled to know how to list something that's not new but unused and in box. Some of the options it gives do not quite fit what it is. But yes, I take your point.

Thanks everyone. So if I can get the original receipt off her, I can claim using that, even though it's not in my name (so to speak). I will ask her if she has the original receipt and see how I go.
The guarantee is good for repair (which I would be happy with), but does say I have to pay the P&P of £9.99 to send it off for repair. Actually starting to think it might not be worth the hassle but will see.

Crowqueen

Given that might still be a £50 discount on a new price that would actually be relatively fair - if it is still in guarantee and if you can get the receipt out of the seller.

Approach them very carefully and stress you are not asking for any money back, simply for the proof of purchase that the manufacturer requires in order for you to be able to claim.

chancesare_2

How about something like......

Dear seller,

The [ITEM} has been absolutely fab and I don't know how I ever coped without it. Unfortunately it stopped working yesterday and I have emailed the company who are asking if I have a proof of purchase. I am hoping you may still have it, so that I can get them to do a warranty repair.

Thanks in advance.

Buyer.

Mindless_Clone

Thanks again.

I emailed her, friendly and she was ok (we chatted a bit in the end) and understood my request.
She does not have the original receipt because they were given to her as a gift about a year ago and she sold them on as she never even took them out the box. She thinks her uncle - who gave her them - bought them as part of a lot at a reclaimed/bankrupt stock auction and he regularly goes to them. She said she could ask him if he had the original sales receipt for the lot, but I am thinking this would not be for the one item, and would detail if just as a "job lot" so not sure if it counts. Not sure how that stands if I ask her for this. I know I have bought things in auctions before and they are usually "sold as seen" and the descriptions are fairly vague.

Oh well, maybe I will just see if I can get the print out from the ebay transaction and use this anyway.

Crowqueen

What a shame - but good luck in taking it a bit further. Nothing ventured, nothing gained.

custardy

TBH from a manufacturers point of view.
The item you bought would be 2nd hand and as such the warrenty was with the original purchase

trukdiver

custardy wrote: »

TBH from a manufacturers point of view.
The item you bought would be 2nd hand and as such the warrenty was with the original purchase

That's true but they wouldn't know as long as you had the original proof of purchase. The same problem would apply to items given as presents.

Mindless_Clone

Thanks all. As it happens, I have emailed the manufacturer with the ebay receipt attached so will see what they say.

Meanwhile, I have got quite chatty with the seller and she said she'd ask her uncle to look out for similar next time he's at an auction and see if he'll sell me it cheap. I thought that was rather nice of her really. All round, fairly happy either way but will let you know if I hear back from the manufacturer about the ebay receipt.

Thanks everyone.