Sales of goods act return ebay?

daytona0

Ok so basically I purchased a relatively cheap (20 quid) necklace from a seller on ebay and firstly they didn't provide the complete item as described (no gift box). They kindly provided that when I emailed, and I left positive feedback saying the item was ok but not of high quality but they responded quickly. Fast forward 3 months and i've raised the issue after continually reassembling it after use started to do my head in (and because I want to test a possible SOGA return with ebay for personal research purposes but i'd appreciate any input here - I don't mind losing 20 quid if its not possible but meh).

Problem is, it has small connector metal rings which connect the parts and there are holes in them which are quite big and mean that they don't stay together. I haven't bent it in any way it was pretty much like that when I got it. I would bend it myself but the parts are so small and fiddly that it is virtually impossible even with a hammer (though pliers may be my next option if soga doesn't work)! I've sent the seller a picture but they haven't responded in 3 weeks now.

Spoke to ebay and because it is outside 90 days they can't do the Money Back Guarantee thing which is fair enough. They also advised that this particular seller is a merchant and thus liable to act within the Sales of Goods act (I know private sellers don't which again is fair enough).

Problem is, i've emailed seller and no response. Ebay keep telling me to contact the seller and that i'm not covered under the Money Back Guarantee.

Any ideas on how to get a SOGA return if applicable to the seller or whether I am covered under SOGA? Ebay support are pretty useless

wealdroam

If the seller is an ebay business seller, aren't his contact details in his listings?

Get a phone number or an address to write to from there.

You may get better advice from the Ebay board.

Hintza

daytona0 wrote: »

....and because I want to test a possible SOGA return with ebay for personal research purposes

Hmmmmmmmmmm

hollydays

If it was like that when you got it, why has it taken you three months to complain?
It's like your using a sledgehammer to crack a nut, why?

daytona0

hollydays wrote: »

If it was like that when you got it, why has it taken you three months to complain?
It's like your using a sledgehammer to crack a nut, why?

well i left the feedback after about a week saying that it wasn't of high quality if you want to count that as a complaint? But i've been wearing it infrequently and it fell apart often to which I had to fix it every time. This has been ongoing for 3 months. Doesn't mean I can't claim under SOGA. The connecting rings are tiny and still perfectly circular so I haven't tampered with them at all. They have bigger than normal holes which means that after a bit of use the holes line up and it falls apart. I can fix it myself by using cellotape (which will look crap) or I can potentially use pliers to bend the metal ring but want to test this first.


And yes, personal research as I work for a similar company who deal with SOGA returns too and it is much much easier to get the returns done with us - so i'm just testing out eBay's customer support team. If i'm not eligible for a return (even though it was an issue with the item when received) then I just want to test it out. I do find it funny how when I have a legitimate issue with an item then nobody wants to know I understand having to deal with the same issues myself because people get suspicious but meh!


Just wondering if anyone had any input but this was probably the wrong forum

shaun_from_Africa

daytona0 wrote: »

- so i'm just testing out eBay's customer support team. If i'm not eligible for a return (even though it was an issue with the item when received) then I just want to test it out.
....
and because I want to test a possible SOGA return with ebay

What SOGA return with ebay?
ebay were not the seller of the goods, hence you have no SOGA rights against ebay.
If you bought good through an advert in a newspaper, would you expect the newspaper employees to assist you with a problem 3 months down the line?
ebay are simply an advertising medium and not the seller and even if they wanted to, they have no way to help get your statutory rights enforced against the company you bought the goods from.

AnnieO1234

To be honest OP are you expecting Rolls Royce standard from a bicycle? You've not paid mega amounts for the necklace and from what you've posted that it's aggravating you putting it back together every time you wear it suggests that you've been wearing the necklace fairly regularly.

Good luck is all I can say.

X

daytona0

shaun_from_Africa wrote: »

What SOGA return with ebay?
ebay were not the seller of the goods, hence you have no SOGA rights against ebay.
If you bought good through an advert in a newspaper, would you expect the newspaper employees to assist you with a problem 3 months down the line?
ebay are simply an advertising medium and not the seller and even if they wanted to, they have no way to help get your statutory rights enforced against the company you bought the goods from.

I work for a merchant platform myself and I am fully aware that the contract of sale is with me and the seller. If you read my post then you'd have figured that out, but you didn't which is fair enough but a bit foolish...

Though I agree in principle with your last sentence, and i'm just curious because the company I work for handles them differently

daytona0

AnnieO1234 wrote: »

To be honest OP are you expecting Rolls Royce standard from a bicycle? You've not paid mega amounts for the necklace and from what you've posted that it's aggravating you putting it back together every time you wear it suggests that you've been wearing the necklace fairly regularly.

Good luck is all I can say.

X

fairly irregularly due to the issue of it falling apart, but thanks for wishing me good luck

shaun_from_Africa

daytona0 wrote: »

I work for a merchant platform myself and I am fully aware that the contract of sale is with me and the seller. If you read my post then you'd have figured that out, but you didn't which is fair enough but a bit foolish...

So why did you clearly state that

because I want to test a possible SOGA return with ebay

You can attempt a SOGA return with the seller but not with ebay.

daytona0

shaun_from_Africa wrote: »

So why did you clearly state that

You can attempt a SOGA return with the seller but not with ebay.

Because the sentence "because I want to test a possible SOGA return with ebay" has two meanings. The literal meaning and the more abstract one which can be interpreted as; "because I want to test a possible SOGA return with ebay [acting as the mediator and thus assisting me when the seller doesn't respond].


reading my post would have enabled you to have figured that out. Hence a bit foolish.