Motorised Item not working but wasn't mentioned...

rebeccauk

Hi All
I've recently taught an elderly relative to use ebay and he has been selling some low value motorised collectable trains. He had one that had some kind of dodgy connection and only worked intermittently when you jiggle with the batteries.....he sold the item as used but never mentioned in the description that it was motorised or that it wasn't working 100% of the time and of course his buyer has come back and asked for a refund! I've told him everything has to be described accurately but he wants to know whether the buyer has a case as he never mentioned in the description IF the item was in full working order as a motorised toy....
I think he should refund but he is digging his heels in and says if he sold at carboot they would have had no comeback....what is the correct position to take on this? Should the buyer fully expect a motorised toy to be working if it wasn't stated in the description?

pinkshoes

rebeccauk wrote: »

Should the buyer fully expect a motorised toy to be working if it wasn't stated in the description?

Er....... YES! If something isn't working then it should be stated.

rebeccauk

I'm in agreement - just need a strong case to make him send the refund or he's going to find himself banned from ebay and having me running him to the carboots each month again!

pinkshoes

Run a poll and show him the results!

campdave

rebeccauk wrote: »

and says if he sold at carboot they would have had no comeback...

Well,he didn't sell it at a carboot, so needs to sort his mess out and learn for the next time.

rebeccauk

Completely agree - as a long standing seller on ebay it angers me to see him doing things unfairly.

He will do the refund as I've just discussed it again with him but he says his argument is that the train he has sold, in the most part, is not usually sold as a motorised toy - the exact same model, brand, type etc it is purely push and pull action....the one he had was motorised but because he knew the motor was faulty he sold it and listed it as if it was the one which is push and pull with no mention that this was the one with the motor. A quick search on ebay for the same item has pulled up a lot of the non-motorised variety...and I can see that the moulding, image, paintwork and look of the item is exactly the same as the one he had listed so the buyer he sold to would probably have been expecting the push and pull one - this one also did the push and pull but could be battery operated too....

I have sorted it anyway and will push him to refund. Thanks for the help.