Ebay returns query

GSW85

Hi

I bought a Brand new (unopened box) smart watch from Ebay about 3 - 4 months ago and after a while it developed a fault, the fault happens about 10% of the time, when i change the displayed watch face or change some options the screen becomes blurred (any text becomes illegible)

I tried registering a dispute with Ebay as the item is not fit for purpose as a watch should surely last longer than 4 months without developing such a fault (the watch is not worn most days, maybe 2/7 days i wear it). When i registered the dispute with Ebay it displayed the below;

"Thank you for registering your complaint about this transaction.

A dispute needs to be filed no later than 45 days from the date of the transaction and unfortunately this time frame has now passed.

We understand this may be a frustrating experience. If you have further queries on this particular transaction, the best thing to do is contact the seller directly to resolve the matter.

Please remember to file all future disputes before 45 days has passed."

Is it worth going straight to my credit card company to dispute or are there any other alternatives with Ebay?

meer53

What does the seller say ?

InsideInsurance

Where is the seller based? Assuming they are in the UK then you should pursue them directly under the Sales of Goods Act.

GSW85

meer53 wrote: »

What does the seller say ?

That its the manufacturers doing as the watch was new (they are an American company)

GSW85

InsideInsurance wrote: »

Where is the seller based? Assuming they are in the UK then you should pursue them directly under the Sales of Goods Act.

Thanks for the advise, the seller is UK based

InsideInsurance

GSW85 wrote: »

Thanks for the advise, the seller is UK based

Then your contract and statutory/ legal rights lay with them and them alone.

Contact them either directly or via eBay, makes no difference, and get them to deal with it.

dalesrider

GSW85 wrote: »

Hi

I bought a Brand new (unopened box) smart watch from Ebay about 3 - 4 months ago and after a while it developed a fault, the fault

Is it worth going straight to my credit card company to dispute or are there any other alternatives with Ebay?

Well given you have not stated how much it was. As well as if it was paid via PayPal.
(I'm going to risk a comment despite my sig)

There are no chargeback right for a item when the fault is not present when you buy it.
Such as your case.

As its a ebay purchase.
No S75 cover as I bet you paid via paypal.

GSW85

dalesrider wrote: »

Well given you have not stated how much it was. As well as if it was paid via PayPal.
(I'm going to risk a comment despite my sig)

There are no chargeback right for a item when the fault is not present when you buy it.
Such as your case.

As its a ebay purchase.
No S75 cover as I bet you paid via paypal.

Are you saying even if my Paypal has £0 in it and the purchase came entirely from my CC then its not a CC purchase and thus no S75?

The total value was about £200


Reading about the Sales of goods act, i saw "It must be as described. It must be of satisfactory quality, sufficiently durable, free from any defects,"

Would you not expect a watch which just sits there doing nothing to last more than 4 months without developing a issues?
FWIW its also a 1st generation product, the 1st product the company has ever made.

tinkerbell28

It isn't a card purchase. It is a paypal purchase. You added funds to your paypal via cc, who passed it on.

The chain of payment has been broken for s75.

GSW85

So are there any available options for something like this?

surely a watch should be expected to last, its not a perishable good

bris

Have you even contacted the seller? you haven't even said if the has rejected your claim.