e Bay warning

moldovan

Buying a "New" item on e bay may cause problems if the item is faulty.
I purchased a Fuji Camera which was faulty after 3 months light usage. I returned the camera together with my proof of purchase to Fuji.
They have refused to repair the Camera and want £114 to put the problem right.
They claim that their warranty does not cover items bought at auctions. It also appears that as the seller bought the Camera from a Customs/Police auction that I have no hope of redress. The camera cost me £289 slightly less than from a shop. :mad:

1jim

have you looked to see if your seller is a trader? ie selling multiple items, more of the same items, is so then you may be covered by sales of goods act as the item should be fit for its purpose. I may be wrong but if the seller is selling it as a business then they should put it right for you, I would check with trading standards on this though, they should be able to help you more
Jim

moldovan

Thanks 1jim will try trading standards though I don't think he is a trader. He did advertise item as New and with Manufacturers Warranty.

trace-j

Even if the seller is private as opposed to a trader, you are entitled to rely on the description applied to the camera. 3mths old isn't new and a there is a question mark over the usefullness of the warranty (as described in the auction).

Could stick this to the seller and allege breach of contract and see what the response is. Unfortunately if he doesn't want to negotiate it's down to the small claims court to settle.

mah_jong

This is something I have thought about about after reading about the computers that were sold dirt cheap and then resold on ebay.

I would only buy brand new from a proper shop /seller when it comes to that sort of product. Just for the peace of mind of a faulty bit of kit!

it does sound you are very unlucky, i dont suppose you have any redress through paypal ?

soolin

There isn't any redress through paypal. If you buy a second hand camera from anywhere the manufacturers guarantee is not usually valid, that's why shops offer their own guarantees on second hand stock.

An item is only new if you are buying it from an authorised dealer, buying from a person on ebay that in turn bought it from a police auction makes it at least third hand.

It is the small ads analogy again, if you had bought this from a guy in Loot or the small ads you wouldn't have any redress either.

Soo

moldovan

The Camera was new and unopened when I bought it. I had no idea at this stage that the seller had aquired the Camera from a Customs Auction.

trace-j wrote:

Even if the seller is private as opposed to a trader, you are entitled to rely on the description applied to the camera. 3mths old isn't new and a there is a question mark over the usefullness of the warranty (as described in the auction).

Could stick this to the seller and allege breach of contract and see what the response is. Unfortunately if he doesn't want to negotiate it's down to the small claims court to settle.

mah_jong

soolin wrote:

There isn't any redress through paypal. If you buy a second hand camera from anywhere the manufacturers guarantee is not usually valid, that's why shops offer their own guarantees on second hand stock.

Soo

Yep you are right, ....its that old Latin thingy isn it caveat summat (emptor ??) ...buyer beware.
Still though i would feel hard done buy having paid almost the same price as a shop one. (And why I wouldn't buy something with out some sort of back up, incase of faults.)

criminal_smile

soolin wrote:

There isn't any redress through paypal. If you buy a second hand camera from anywhere the manufacturers guarantee is not usually valid, that's why shops offer their own guarantees on second hand stock.

Warranties/guarantees are attached to the item, not the buyer. If you buy a one year old car that originally came with a three year warranty, then you automatically assume the warranty rights. This is still provided by the manufacturer, not the dealership you buy from.
The difficulty with smaller items is proof of purchase date. Unless you can prove the date the item was sold as 'new' from a retailer, then you will have problems in persuading the manufacturer to honour any warranty offered.

tonyg_2

As Dell seems to be one of the products that a lot of people sell "new" over EBay can anyone point me to somewhere on the Dell site that clearly indicates that the 1-year warranty is transferable to someone other than the original purchaser?
Thanks!

vultura

criminal_smile wrote:

Warranties/guarantees are attached to the item, not the buyer. If you buy a one year old car that originally came with a three year warranty, then you automatically assume the warranty rights. This is still provided by the manufacturer, not the dealership you buy from.

If you check the wording on a lot of Guarantees they only apply to the orginal purchaser and are not transferable.