Problems with item from eBay - can I be refunded?

snuffalilly

My hubby bought a new entertainment unit for his van off eBay a few months ago. He paid a few hundred pound for it and spent a lot of money getting it all wired in. Within weeks, it had broken and the screen which was supposed to come in and out got jammed. We sent it back (we had to pay postage) and they repaired it and sent it back. It came back with the screen scratched and the colours on the screen were distorted.
We contacted the seller who at first said we needed to post it back but my hubby said that was unfair as we had already done that once. There was a massive muck about with the courier regarding collection but in the end, they did collect it and they had it a few weeks before repairing it and sending it back.
It was returned today and Hubby put it back in my van. Straight away, the screen jammed and smoke came from the unit. He is so fed up now as this is the third time it has broken.
He has emailed the seller asking for a refund as he doesn't want it repaired again. Is he within his rights to ask for a refund? If he had bought this from a shop, it would have come with a 12 month guarantee. Does this apply on eBay?
Any advice would be appreciated.

sam.4000

I would phone ebay and find out what they say.

Crowqueen

OP would be out of time for an eBay dispute if they have had the item for several months.

The problem is, also, any laws covering fit for purpose if the item is not under any guarantee from the seller would only cover them for repair or exchange.

This is unfortunate, but I think unless OP has paperwork for a definite right to a refund, they are out of luck and will have to persevere with the seller.

sam.4000

The way I read it was they bought it a couple of months ago. I know that they would be out of the 45 day but I have read that ebay have made exceptions up to 60 days.

soolin

sam.4000 wrote: »

The way I read it was they bought it a couple of months ago. I know that they would be out of the 45 day but I have read that ebay have made exceptions up to 60 days.

There are no exceptions- the 60 day limit is for leaving feedback.

Crowqueen

Even a couple of months is too late.

45 days is the cut-off point.

That would not affect their statutory rights, but their rights do not now give them a firm right to a refund.

But there is no harm in asking, particularly if all else has failed and the item has actually blown up. I can well see why they don't want to deal with this person any more.

missile

A hard lesson, but even if seller offers to repair one should always raise an eBay dispute within 45 days.

snuffalilly

Thanks for the replies. The actual purchase date was 30/03/12 so it's past the 60 day cut off thing. We have contacted the seller asking for a refund rather than another repair or replacement because of all the hassles we have had but I was just wondering if it would be likely or not. It says on the listing that it comes with a 1 year warranty. Their returns policy is:

Our return policy is as follows: 1. Standard 7 day return policy: If you do not like / are not satisfied with an item within 7 days of receiving it, you can return the item for a refund or an exchange providing it is in a perfect and resalable condition. You are liable for all return carriage costs in relation to returns / cancellations. The product must be returned in the condition it was received. We reserve the right to refuse returned items or deduct a 15% restocking fee if they have evidence of installation, user abuse or are not in a resalable condition when returned. 2. Manufacturer's warranty: Beyond this 7 day period, you are covered under the manufacturer's warranty which is typically 1 year. If your product becomes faulty during this period, you should contact us via email to receive technical support in the first instance. We will then arrange for your item to be repaired or replaced or provide details of the manufacturers local service centre. Any items are returned at your own risk. We strongly advise you to take care when returning items to us for example, by ensuring the goods are correctly addressed & adequately packaged. Items that arrive back damaged or destroyed as a result of poor packaging will not be accepted. These items will be resent to the customer at the customer's expense.

Product Guarantees
All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for a period of 12 months. This guarantee specifically excludes faults caused by accident, neglect and misuse*. In addition, routine maintenance (cleaning of dirty audio heads etc.), consumables (tapes, CD's, cables, batteries, accessories, etc.) and cosmetic damage is not covered.
*Misuse also applies if the product has not been fitted by a professional installer or qualified tradesperson.

Do you think we are within our rights to ask for a refund?

Crowqueen

missile wrote: »

A hard lesson, but even if seller offers to repair one should always raise an eBay dispute within 45 days.

Not really.

- Buyer still has some rights under SOGA ('fit for purpose') even though not under eBay any more.

- It was evidently working for some time so if it had not broken down within those 45 days there would have been no case for the seller to answer. As we've also seen, eBay take things literally and don't take into account all the legal rights a buyer has - they want to know from all sellers 'was the item working when it arrived' not 'did the item develop a fault'. This is bad of them, but with private sellers the law only covers the first criterion, whereas with businesses the law covers both issues.

The terms and conditions are illegal - very illegal. Were the OP to challenge them in legal terms they might very well lose - but the OP may not now be entitled to actual money back, wherein lies the problem.

They have given you a 12-month guarantee but it's worded very badly - basically they can say that it was not fitted correctly, therefore it is void .

Perhaps try Consumer Direct at this juncture - they need to be hauled over the coals for those awful terms anyway before they supply these units to other unsuspecting buyers.

samanthaknd

snuffalilly wrote: »

My hubby bought a new entertainment unit for his van off eBay a few months ago. He paid a few hundred pound for it and spent a lot of money getting it all wired in. Within weeks, it had broken and the screen which was supposed to come in and out got jammed. We sent it back (we had to pay postage) and they repaired it and sent it back. It came back with the screen scratched and the colours on the screen were distorted.
We contacted the seller who at first said we needed to post it back but my hubby said that was unfair as we had already done that once. There was a massive muck about with the courier regarding collection but in the end, they did collect it and they had it a few weeks before repairing it and sending it back.
It was returned today and Hubby put it back in my van. Straight away, the screen jammed and smoke came from the unit. He is so fed up now as this is the third time it has broken.
He has emailed the seller asking for a refund as he doesn't want it repaired again. Is he within his rights to ask for a refund? If he had bought this from a shop, it would have come with a 12 month guarantee. Does this apply on eBay?
Any advice would be appreciated.

To me, if I was in your position I would demand a full refund! Your hubby has done all he can, and the seller has sent nothing but duds! Take it further,I would!