Received Faulty cooker from private seller, paid cash.

71Pegasus

Hi
I have just purchased a second hand cooker on ebay, but upon getting it home and wired in, found that the oven will not reach its set temperature (the maximum temperature reached is only 160 degrees, the cooker should be capable of 250). The cooker was sold by a private seller, and advertised as 3 weeks old & fully operational, sturdy & reliable. We collected it in person & paid cash. The seller said she has no receipt, or instructions for it, although it is only 3 weeks old and should be under guarentee.
Please could you tell me how I stand legally about returning this item for refund. From research on the net, I have found that distance sales regulations are only applicable to businesses. Other people say that as Ebay is an auction style of selling and therefore not a traditional auction that this means that consumers have legal rights. Please help.

NeverEnough

Have you contacted the seller yet, if not, you should do so right away. Paying with cash does make you a bit more vulnerable as a buyer as you cannot take up the paypal guarantee, but you should open an ebay dispute (note: not a paypal dispute! ) if your contact with the seller isnot successful. Sounds a bit odd though, that a 3 week oldcooker has no receipt or details available. Ebay can refund if found in your favour, you need to ensure that you open a dispute in good time though, or you will run out of time to do so.

melliott1963

NeverEnough wrote: »

..... Sounds a bit odd though, that a 3 week oldcooker has no receipt or details available.....

Also sounds odd that they were selling a 3 week old cooker. Would suggest to me that they knew there was a problem with it, and their total lack of receipts or details seems to back this up.

Maybe they'd only had it 3 weeks, but it is, in fact older. They could have bought it cheaply 2nd hand, or as a seconds, found it didn't work properly and so sold it on.

If you can't get any joy contacting the seller, or with eBay, I think your only other course of action would be the small claims court.

Crowqueen

eBay might assist as this is something you couldn't test thoroughly before taking it away with you but Mell is right - you could probably get some satisfaction through the small claims court - MoneyClaim Online.