Bought from ebay, warranty does not apply?

plumbers_mate_2

I bought a pair of Beats headphones from a private seller on ebay. I know, I know, but I paid the RRP. Six months later and they have broken. I have spoken to Beats Customer Support who inform me that ebay is not an Authorized Dealer and therefore they will not replace the product (they do not repair faulty headphones, only replace). They are not a counterfeit product, Beats recognises the serial number as valid. I have original packaging etc. Is there anything I can do? ps the ebay seller is no longer a 'member', he is not returning my emails and I cannot raise a dispute with ebay because the sale is too old. HELP!

molerat

The manufacturer warranty is in addition to your statutory rights and they can impose whatever conditions they wish. It is quite normal for these "premium" brands to refuse warranty on items purchased outside their dealer network to help protect the stranglehold of that network and keep prices high. Without getting recompense from the seller you are pretty much stuffed. Is he really a private seller or really a business ?

railbuff

also in some cases a warranty is non transferrable. you purchased from a PRIVATE seller. the warranty would start when the seller purchased them and not you. as far as beat know the seller may have had then for 12 months and sold them to you in month 13 therefore outside the warranty.

SharkyGeorge

Hi there

Firstly, this is exactly what I mean about buyers treating eBay sellers as though they are shops, which they are not unless they are a business seller - and a lot of buyers cannot tell the difference between a private seller and a business seller. You have a lot more rights both contractually and legally when you buy from proper shops (not that I'm saying people shouldn't buy off ebay but in a case such as this, where you're paying full RRP on a new and expensive item anyway, it seems a no brainer to me to buy it from somewhere where your rights are clear should the purchase prove to be a dud).

Anyway, all is not lost. You have no recourse with the eBay seller or eBay, as far as I'm aware, but I would pursue the manufacturer. Write a letter (don't bother with phone or email) and first of all ask nicely if they'll replace the headphones as a goodwill gesture (might be better not to go into too much detail with where exactly you bought them). If they play hardball and say no write a second letter saying a) under the Sale of Goods Act items must be fit for purpose, and they're not, and b) under EU Directive 1999/44/EC you are protected for two years. See p.7 of this document for more info on EU: http://ec.europa.eu/publications/booklets/move/64/en.pdf

Good luck!

railbuff

SharkyGeorge wrote: »

If they play hardball and say no write a second letter saying a) under the Sale of Goods Act items must be fit for purpose, and they're not, and b) under EU Directive 1999/44/EC you are protected for two years. See p.7 of this document for more info on EU: http://ec.europa.eu/publications/booklets/move/64/en.pdf

The Sales of Goods Act would only apply between the Original purchaser and retailer.

The OP purchased from a PRIVATE seller who may have had this item 12 months before selling on ebay, the buyer and manufactuer has no way of knowing this

SharkyGeorge

railbuff wrote: »

The Sales of Goods Act would only apply between the Original purchaser and retailer.

The OP purchased from a PRIVATE seller who may have had this item 12 months before selling on ebay, the buyer and manufactuer has no way of knowing this

The EU directive applies to manufacturers so they are protected under that. Whilst you are correct with regard to SOGA I still think it would be worth mentioning that under SOGA the goods are not fit for purpose as it is useful in terms of the analogy.

I agree it's problematic in that the eBay seller may have had them for a while but I know Apple are able to tell via a code on the product when it was first put on the market and they might be able to do the same. Frankly, if it was within the last few years and they've broken then they aren't fit for purpose because those headphones are v expensive.

railbuff

SharkyGeorge wrote: »

The EU directive applies to manufacturers so they are protected under that. Whilst you are correct with regard to SOGA I still think it would be worth mentioning that under SOGA the goods are not fit for purpose as it is useful in terms of the analogy.

I agree it's problematic in that the eBay seller may have had them for a while but I know Apple are able to tell via a code on the product when it was first put on the market and they might be able to do the same. Frankly, if it was within the last few years and they've broken then they aren't fit for purpose because those headphones are v expensive.

but the OP has no contract with Retailer or Manufacturer, purchased from Private buyer therefore second hand (used)and on most small items a manufacturers warranty is non transferrable and headphones whould fall into this category. why mention SOGA as this has no bearing

plumbers_mate_2

This is the first time I have ever posted anything! Thank you to all of you for your comments. I will write to the manufacturers and let you know what happens. I will not be so naive next time, it just seemed easy to buy off ebay, silly me!

railbuff

plumbers_mate wrote: »

This is the first time I have ever posted anything! Thank you to all of you for your comments. I will write to the manufacturers and let you know what happens. I will not be so naive next time, it just seemed easy to buy off ebay, silly me!

no problem buying off ebay in general, but if an item is listed as new and at RRP then make sure the seller is a business seller and not a private seller as some businesses only sell though ebay

forgotmyname

I tell people if you buy off ebay the warranty is 45 days. After that you might not be able to do anything about it.