Not sure of next move

Doghouse_Dan

Long story short, I bought an audio mixer 11 months ago (for DJ work) on a buy now off E bay. The seller is a registered company with good feedback etc.

The mixer developed a fault that rendered it unusable. I got in touch with the seller via Ebay, who was sorry and offered to pick it up using their couriers and that an exchange unit would be sent (as I had work booked). The faulty mixer was picked up but no exchange mixer was sent.

I informed the the seller that I was dissapointed that no exchange mixer was sent etc. The next day the seller informed me that the manufacturer dosent produce that model anymore and offered two options to resolve the matter either

1. We will send it off to be repaired
or
2. We can offer you a full refund

As that particular model is not produced anymore I opted for option 2. A full refund.

This was a week ago and I still havent received any refund or any corrospondence even though I email via Ebay every day. I have saved all the emails from the seller that confirm what i have stated above is true. I now have no mixer and no refund. Was hoping someone could advise me on my next course of action please.

In the meantime I have had to purchase another mixer so that I can fullfill my booking obligations.

hollydays

This might be better on the eBay board

Lomast

In law they have 30 days to refund you

unholyangel

Lomast wrote: »

In law they have 30 days to refund you

DSRs give them 30 days to refund but sounds like a b2b transaction and the DSRs (full name The Consumer Protection (Distance Selling) Regulations) don't apply to b2b transactions plus the item was purchased 11 months ago - so way over the 7 day (or even 3 month and 7 day) limit.

Doghouse_Dan

I understand that I accepted the goods 11 month ago and that they didnt have to offer a full refund.

The fact that they did offer a full refund and I accepted that refund is what makes this a problem. The answer I suppose I,m looking for is, do they have to honour that refund ? or can they change thier mind and opt for repairing my faulty mixer which they now have? bearing in mind that it is no longer made.

thankyou for your time.

bod1467

If you have a refund offer in writing (email is OK) then they MUST provide a refund. If not then they could change their mind and offer a repair unless you can prove the refund offer.

However any refund must be made either in accordance with their T&Cs (for B2B contracts) or within a "reasonable time" ... 30 days is usually accepted as a "reasonable time".

Doghouse_Dan

Thanks bod 1467, Yes I have the offer in writing (email). I now have an answer to my question. Will send yet another email to them requesting they honour their offer. :T

Doghouse_Dan

Good news, after afew more Emails requesting they honour their offer of a full refund, they finally honoured it and I got all my money back, with an apology. Thanks for your input.