Purchased item gone wrong, seller doesn't want to know :-/

TrickyWicky

Hi all

I don't buy from ebay often but when I do its usually for something specific that I need at a good price or I can't find it locally.

My recent purchase was both. Ok, it only saved me a few quid over the other sellers but they were offering BIN and this other seller used an auction expecting to make a mint (I'd emailed previously to ask for a bin price and they told me they'd rather auction). The item was quite expensive and as it couldn't be obtained locally it seemed a good decision.

Anyway the auction clearly states the item is new, no returns but it has a warranty. Ok, fair enough, made my bid and got it. Result! It turns up, works temporarily and then goes wrong.

I contacted the seller to ask for warranty details as there were none with it. Seller replies basically fobbing me off saying they bought it themselves from ebay ages ago, no idea who from, no idea about the warranty sorry can't help. In essence: get stuffed pal I have your money and thats it.

I've made contact with the company that made the product and they're unwilling to honour the warranty (big surprise) but the instructions do suggest they'll repair it for a charge if its not a warranty repair.

Now my problem is that the seller sold me a 'new' product with a warranty and now its gone wrong they've told me that its basically a pre-owned item, no idea about the original seller / warranty you're on your own. Assuming the manufacturer is able to repair it, what do you think I should do?

The seller clearly stated no returns and I got it at a bargain price so would prefer to get it repaired but I have a hunch the seller will want it back instead. Am I in a position to ask for the repair costs?

Seller helpfully withheld their address too (no return-to label on the parcel) so I can't even think about the small claims route

forgotmyname

You can ask but it will be down to them to decide.

Maybe a nice polite email or letter saying they sold you a new item with a warranty and you wish to invoke that warranty as it doesnt work.

If the warranty is not valid you require the funds to pay for repair by the manufacturer.

You could bluff with a letter before action giving them 7 days to respond before you take them to court for the funds to pay for the repair.

They may call your bluff though and say return for a refund.

theonlywayisup

What was the purchase date? How did you pay?

duncan-biscuits

Open a case at ebay, of item not as received, you paid for a new item with warranty but got sold a previously " used " product without a warranty and it was faulty on arrival and does not do what it should, you will then tick the option to return the item (at your own expense using tracked service), for a full refund.

The seller is under no obligation to mend the item , you either return the broken item, or end communication and mend the item if it is worth fixing that is.

TrickyWicky

theonlywayisup wrote: »

What was the purchase date? How did you pay?

A week or two back and by paypal.

duncan-biscuits wrote: »

Open a case at ebay, of item not as received, you paid for a new item with warranty but got sold a previously " used " product without a warranty

you will then tick the option to return the item (at your own expense using tracked service), for a full refund.

The seller has stated no returns / refunds. Does that still apply do you think? (sorry I've never done this before)

duncan-biscuits wrote: »

The seller is under no obligation to mend the item , you either return the broken item, or end communication and mend the item if it is worth fixing that is.

If I can find anyone to mend it. The manufacturer is in china somewhere and there are several companies cloning the same product. Not one wants to repair it - they're all saying it has no warranty and won't fix it even though I have offered to pay for it!

jakes-mum

TrickyWicky wrote: »

The seller has stated no returns / refunds. Does that still apply do you think? (sorry I've never done this before)

Id doesnt matter that they have stated no returns, Ebay rules state that you are entitled to return a faulty item and get a refund of your purchase price and initial postage. They cannot force the buyer to refund your return postage though, they may do as a goodwill gesture if you ask but it is entirely up to them.

Go to the resolution centre and file an not as discribed claim, put in that its broken, not new and has no warranty, that you have contacted the seller who is reluctant to help and then select whether you want to return for a refund or a parcial refund (I think if you select this option it then asks you how much).

Seller then has a certain amount of days to respond agreeing to what you want, to offer another solution or ask you to return it.

If you do send it back, it must be by a trackable method so you can prove receipt to have your money returned to you.

duncan-biscuits

Just return the item to the seller, use the ebay resolution system, a lot of private vendors often tick to opt out of returns, but that is neither here nor there as all sellers are legally bound under the selling terms and conditions of ebay they find they ARE legally obligated to accept a return esp when you cite that is was not what was advertised
-they sold a used item as new and promised it had a warranty and paperwork to verify its age etc and upon arrival it had nothing to corroborate this, and they did not add any disclaimer about it being sold as "spares or repairs " in fact, they stated it was NEW only to then admit in emails to you it was USED purchased from A.N .Other previously, so YOU have all the aces.

Get your money back, so maybe it will minorly inconvenience you to use a tracked return and you may be a tenner down ,or so, but that is surely better than hanging onto a piece of useless equipment that has no chance of repair ,unless you hitch a lift to Bangkok!

TrickyWicky

duncan-biscuits wrote: »

unless you hitch a lift to Bangkok!

Heh, some bloke hitched a lift rouind the world a year or two back via twitter. What do you reckon my chances are? lol

duncan-biscuits

Well as the Confucscus saying goes
" man who walk sideways through airport turnstyle going to Bangkok!"

theonlywayisup

TrickyWicky wrote: »

A week or two back and by paypal.



The seller has stated no returns / refunds. Does that still apply do you think? (sorry I've never done this before)



If I can find anyone to mend it. The manufacturer is in china somewhere and there are several companies cloning the same product. Not one wants to repair it - they're all saying it has no warranty and won't fix it even though I have offered to pay for it!

You have 45 days from date of purchase to open a case on Paypal or Ebay.

Open a case but do not cloud the issue. State the item was described as new with warranty and is used with no warranty and that on this basis you would like to return it, add that you would wish the seller to pay the return.

Escalate it when you can and when the dispute advises you to return it, do so via courier or Special Delivery, which will show tracking online.

Come back here if you need more help.

TrickyWicky

Hi guys

Thanks for your help. I have another question.

If I open a dispute, ebay says this on their solve a problem page:


Is that escalation automatic or do I have a choice to escalate it or not?

Reason I ask is that the manufacturers are still mulling over repairing it for a cost but they have given me no firm decision yet as to whether they will or won't yet alone any estimate of costs. Obviously if it goes off for repairs it will be longer than 8 days and I don't want it being automatically escalated if there are still other things going on.

Thanks.