Ebay - guarantee on product?

freelancegal

Hi,

Hope someone can help. I bought a product on ebay with a one year guarantee advertised. After 4 months it isn't working - it's an electrical item and it is sparking:eek:.

The seller isn't replying, but I just don't think it is right that they are allowed to advertise a guarantee, and it not exist.

I know it won't be eligible for buyer/PayPal protection as over 60 days, but wondered if there are any other channels to make a complaint anyone could advise?

Whilst they are a U.K seller, I think the product is made abroad, and, obviously, it is quite worrying that it is sending out sparks like that.

I realise I won't get my money back, but I wondered if there were any other channels to make a complaint. I don't usually like to make a fuss, but when they advertise a guarantee falsely and don't bother to reply to emails it just doesn't seem right.

I've got the sellers details, and what I think is their home address, not sure if they are 'officially' registered as a business seller, but they have sold about 1300 items in a year, so I think they must be.

Thanks very much,

ballisticbrian

Is it hair straighteners?

freelancegal

No, not straighteners. Are you having a similar issue?

Discodee

Ebay won't do a tap.
I have bought 2 things with a 1 year guarantee on, both remote controllers, one for the PS3 and one for the PS2 from different sellers
One went wrong after 4 months, one after 6. neither company would do anything. One I even rang, a chinese firm in london. they just leave their ansafone on and ignore my calls.
I emailed ebay and just got a standard reply, so wrote a lengthy letter to ebay customer services asking why they don't ensure their sellers honour their guarantees.
Basically you can sell something on there and give a ten yr guarantee. Once the 90 days is up, you can ignore the buyer and ebay will do b***er all. So, any guarantee is a joke.
I would suggest as many people as possible write to ebay pointing out this flaw which is discriminating against buyers. the more people that do it, they may extend the 90 days to whatever the guarantee perid is for certain sellers.

RFW

It isn't really an issue for Ebay, I couldn't complain as I've not bought an item with a long guarantee. I wouldn't expect Ebay to uphold say a ten year guarantee after 9 and a half years if the seller had gone AWOL.

Try Trading Standards to complain about the seller, they can prosecute sellers if they get enough evidence.

Guarantees are often a grey area legally anyway. What type of guarantee is it? Did the seller say they will guarantee the item for 12 months or is it a manufacturer's guarantee or something else?

In any event you may have an option in contacting the manufacturer.

freelancegal

I just don't get why ebay are allowing people to advertise fraudulent guarantees on their platform. As a buyer, when you see a guarantee, just like in a shop, you expect it to be real/true, I'd never have thought sellers be allowed to advertise a guarantee when it doesn't exist.

If they are letting anyone just say they have a guarantee, and they don't exist, surely ebay must hold some responsibility too - or at least, before this, that's what I would have thought.

I'm getting nowhere complaining thus far though, when I have directly asked them does that mean I could just list anything, say there is a guarantee and then not actually give a guarantee, they just ignore the question.

It seems like that would be a scammers paradise.


The seller has advertised a 12 month guarantee with them. It isn't a branded manufacturer, so no direct manufacturer to go to. It seems they just advertise the guarantee as an enticement to buy.

Definitely going to go down the Trading Standards route, just on principle as it just doesn't seem right they are allowed to do this with no intention of offering the guarantee.

They are based in Blackburn, and I have a suspicion they aren't properly registered as a business, although I'm not sure if that has a bearing.

roddydogs

Surely anything new has an automatic 12 month Gtee, in theory but getting anything back from E-Bay is another matter, or claiming under the SOG act (wonder if anyone has sucessfully claimed under that?) A lot of stuff dosent even have a return address, and a lot claim that postage back is payable by you (it isnt). For that reason I only buy low cost stuff on E-bay, and "Take a chance"

freelancegal

Yeah, in truth I'm not that familiar with ebay, but when you see a guarantee advertised on a site like that, you don't think they would allow to be advertised if it doesn't exist. That's what I wondered, about the SOG Act/consumer rights.

I thought I read somewhere on this site that there was some sort of requirement for goods to be fit for purpose, but, like you say, it is how to progress it.

I just can't understand why ebay would allow it though, as surely then anyone could just advertise a guarantee and then not ever deliver it.