Return for refund, my rights!

Nick_Sellick

Hi,
I bought a drill, "buy it now" on Ebay. I didn't use it for a few days and when I did, realised that it had a faulty chuck and I could not use it. In the process of trying to get it to work it has become dusty and is obviously used. I cantacted the seller who has said that as it is more than 14 days since the sale, they will only repair it.
I needed to get a specific job done, so have already bought a replacement.
I think I am entitled to a refund, but am not sure. Can anyone clarify, ideally with something I can print and send to the seller.
Thanks
Nick

mattyprice4004

So is it over 14 days, as you say only a few? A few is usually 3, accounting for postage times that leaves about a week since the sale.

How long since the sale did you notify the seller of the issue?

Nick_Sellick

As soon as I uesed the item, which probably was around 14 days. Does the time matter? It is faulty, not fir for purpose and therefore I thought that I could get a refund.
Is this not the case?
Thanks
Nick

frugal_mike

Assuming you bought from a business the Sale of Goods Act says that you are entitled to reject an inherently faulty item for a full refund if 'acceptance' has not occurred. There are a few things that trigger acceptance, one of which is the passing of a 'reasonable' time. Reasonable is not defined, and will be decided on a case by case basis depending on what was bought etc.

After acceptance has occurred you are no longer entitled to a full refund if repairing or replacing is cheaper for the seller.

mattyprice4004

Nick_Sellick wrote: »

As soon as I uesed the item, which probably was around 14 days. Does the time matter? It is faulty, not fir for purpose and therefore I thought that I could get a refund.
Is this not the case?
Thanks
Nick

The post above this one explains more, and better than I could.

That's the issue - when you were deemed to have accepted the product. It'd be easy if it was black and white, but it's not unfortunately.

Good luck either way.

Nick_Sellick

I hadn't and still haven't posted feedback, would that be relavent?

ILW

Nick_Sellick wrote: »

I hadn't and still haven't posted feedback, would that be relavent?

Not to SoGA
Did you use Paypal?
You can open an Ebay dispute, they quite often favour he buyer.

frugal_mike

Nick_Sellick wrote: »

I hadn't and still haven't posted feedback, would that be relavent?

Not for me to condone blackmail, but a reminder about the feedback may prompt a more acceptable resolution for you.

Also, how did you pay? I'm not certain, but paypal may offer slightly better rights than the sale of goods act in this case. The ebay board may be able to answer that question.

Nick_Sellick

I did pay with Paypal. I have contacted them asking nicely. I'll see what happens.
Thanks for all your help.