Tumble dryer bought on Ebay, breaks after two uses

Diamond_Gaz

I recently bought a used tumble dryer on ebay, however after only 2 uses, it has broken! I have contacted the seller, and they reckon it is probably the stat which has blown, and they just happen to have a spare, which they said they would post to me (80 mile round trip for me to collect) - that was a week ago, and I haven't received the part. Have contacted the seller to try and find out how / when they sent the part, i am awaiting a response.

Am I being too reasonable / unreasonable here? I buy something which breaks after only two uses, and the seller expects me to fix the machine with a part that they are supplying? As I paid cash on collection, I can't open a a case with Paypal, but can i / should I do anything with Ebay?

As an aside, the seller seems to be running a nice little side line in selling tumble dryers on ebay, although the account they are using doesn't seem to be a business account.

soolin

Diamond_Gaz wrote: »

I recently bought a used tumble dryer on ebay, however after only 2 uses, it has broken! I have contacted the seller, and they reckon it is probably the stat which has blown, and they just happen to have a spare, which they said they would post to me (80 mile round trip for me to collect) - that was a week ago, and I haven't received the part. Have contacted the seller to try and find out how / when they sent the part, i am awaiting a response.

Am I being too reasonable / unreasonable here? I buy something which breaks after only two uses, and the seller expects me to fix the machine with a part that they are supplying? As I paid cash on collection, I can't open a a case with Paypal, but can i / should I do anything with Ebay?

As an aside, the seller seems to be running a nice little side line in selling tumble dryers on ebay, although the account they are using doesn't seem to be a business account.

The problem is that as seller has not registered as a business this is going to get more complicated. There does seem to be a pattern emerging of differences between the way a properly registered business and a 'private' seller operates and personally I would no longer buy anything other than a collectable or throw away item from someone not properly registered.

If seller doesn't send the part all you can do is open an SNAD on the dryer, however if you paid by cash this is going to get complicated. You will almost certainly need to get the dryer back to them at your own cost as well.

Alias_Omega

This thread really should be in the "Techie" section of the forum, as your eBay cash is long gone.

You have admitted you have paid cash, for a used tumble dryer from an eBay seller who is not registered as a business.

Whats actually wrong with the dryer? Spinning but not getting hot? Not spinning at all?

the_lunatic_is_in_my_head

Being registered on eBay as a business or not is irrelevant if you can demonstrate beyond reasonable doubt that the seller actually is a business.

If you have their address then small claims is your only option if the seller won't help. How much was the item?

Mrs_Skrimper

Let this be a warning to anyone buying on Ebay or any other on-line site. Always pay using Paypal as it gives you at least some protection and read the ratings for the seller - this may give some indication of the business status or not of the seller. And don't deal with them if there isn't a full address (not a box number) and a LANDLINE phone number.

If the item was sold as new (ie not an unused second hand item) then the seller would appear to be a dealer and you are covered by sale of goods legislation. The drier is clearly not suitable for purpose. If it has failed on only the second usage the seller cannot claim unusual usage and must deal with it. You can have a) a replacement, b) your money back or c) you can accept a repair - your choice, not the dealer's. It is not a good idea to accept a repair. If you do so and the dryer develops any more faults (or even the same fault again) and you have accepted a repair you are deemed to have accepted the device as faulty and have no come-back.

If an item is bought from a private individual the you have no protection in law.

the_lunatic_is_in_my_head

Mrs_Skrimper wrote: »

Let this be a warning to anyone buying on Ebay or any other on-line site. Always pay using Paypal as it gives you at least some protection and read the ratings for the seller - this may give some indication of the business status or not of the seller. And don't deal with them if there isn't a full address (not a box number) and a LANDLINE phone number.

Most are shopping on price and most sellers won't accept Paypal on collection items as there's no protection from the seller's side.

Mrs_Skrimper wrote: »

If the item was sold as new (ie not an unused second hand item) then the seller would appear to be a dealer and you are covered by sale of goods legislation. The drier is clearly not suitable for purpose.

Correct but it doesn't matter whether to goods are new or not as to whether the seller is a business and whether the buyer is covered under the SoGA. Private sellers can also sell new items and not be a business.

Mrs_Skrimper wrote: »

You can have a) a replacement, b) your money back or c) you can accept a repair - your choice, not the dealer's. It is not a good idea to accept a repair.

If the point of acceptance has past then the consumer can not choose which they prefer, it is down to the retailer but the consumer must not bare any cost/loss.

Mrs_Skrimper wrote: »

If you do so and the dryer develops any more faults (or even the same fault again) and you have accepted a repair you are deemed to have accepted the device as faulty and have no come-back.

I don't think that is correct.

Mrs_Skrimper wrote: »

If an item is bought from a private individual the you have no protection in law.

There is limited protection on private sales, my understanding is more that the goods must be as described rather than the other criteria businesses would have to adhere to.

Diamond_Gaz

Thanks for the responses.

soolin wrote: »

If seller doesn't send the part all you can do is open an SNAD on the dryer, however if you paid by cash this is going to get complicated. You will almost certainly need to get the dryer back to them at your own cost as well.

Whats a SNAD?

Alias_Omega wrote: »

This thread really should be in the "Techie" section of the forum, as your eBay cash is long gone.

You have admitted you have paid cash, for a used tumble dryer from an eBay seller who is not registered as a business.

Whats actually wrong with the dryer? Spinning but not getting hot? Not spinning at all?

Thanks, that what I was thinking, cash is long gone L Its spinning but not heating up – will have to see if I can fit the part that the seller is sending.

the_lunatic_is_in_my_head wrote: »

Being registered on eBay as a business or not is irrelevant if you can demonstrate beyond reasonable doubt that the seller actually is a business.

If you have their address then small claims is your only option if the seller won't help. How much was the item?

Looking at their feedback all of the items they have recently sold seems to be washing machines or tumble dryers, plus when I told them that there was a problem, they just happened to have spare part to hand. It cost me £50, so not a massive amount, but not exactly peanuts either.