used tablet - ebay

boosmum24

Hi, would really appreciate some advice.

I bought a used 10.1 tablet from eBay, cost £40, for my mum. It was sent direct to mum. Anyway, mum said tablet doesn't work, it was stuck on the Google password/username screen and she didn't have a clue as to what the password/username could be as tablet 2nd hand. Anyway contacted company, they said post it back and they will try and sort it out.
Awaited the padded envelope the company said would send out, wrapped it in protective packaging, placed in envelope and posted off. Ebay company then say tablet has been received damaged and they can no longer fix it.

It is not covered by ebays money back guarantee.

What should I do? Do I have any rights at all? Advice much appreciated

Redx

with these tablets the owner is supposed to sign up and use a gmail email address (username) and password, either on the tablet or on a laptop and then add the details to the tablet, this is normal

if its second hand, then it could have been passworded at the login screen by the original owner

if the seller is an ebay trader then certain rights would be afforded such as it has to be fit for purpose , hence why you have sent it back

now here is the problem

when the trader sent it out, they are responsible for ensuring the item is received undamaged and in good condition, possibly by recorded or special delivery, with the insurance included in that postage payment

when returning the item, the onus is on the sender (again) ie:- YOU to ensure its sent by trackable method and insured accordingly against damage , possibly by either recorded delivery or special delivery

so it now befalls you to make a claim against the courier or post office, dependent on how you sent it and if it was sent by insured delivery

so if it was sent recorded delivery, you claim off the P.O. and you would have stated the items value (but they do have a limit of so many times the stamp value for claims)

so unfortunately the onus is on you to ensure the seller received it in the same condition you sent it and you have to claim for any damage as its your contract of carriage when you posted it , not theirs

so if it was sent recorded or special delivery, make a claim against the P.O. asking the seller to provide photographs of the damage

I would have thought that you had read the ebay terms and conditions of sales and returns, plus any imposed by the seller about returns in their advert

but the cost of claiming is with the person who contracted the courier , even if that courier was the post office , in this case recorded or special delivery should have been used for the return

boosmum24

Thank you for reply. Item was returned 2nd class signed for. Still awaiting photos from eBay company to then pass on to royal mail.

Thanks again.

Redx

ok, well if you had proof of posting etc from royal mail then you need to try to claim from royal mail , especially if it was sent by recorded delivery

so my point here is this has changed to a claim against the courier due to damage en-route as they are responsible for its safe passage once posted

if you successfully receive a settlement then both you and the seller are sorted out , but the seller cannot make the claim as the contract between the royal mail is now with you the sender , not the original seller as that original transport deal was concluded when you received the tablet

if you buy any more, bear in mind that somebody needs to create a gmail email address and password for the eventual recipient to use on the android tablet in order to use it properly, like using the play store for example

unholyangel

Redx wrote: »

ok, well if you had proof of posting etc from royal mail then you need to try to claim from royal mail , especially if it was sent by recorded delivery

so my point here is this has changed to a claim against the courier due to damage en-route as they are responsible for its safe passage once posted

if you successfully receive a settlement then both you and the seller are sorted out , but the seller cannot make the claim as the contract between the royal mail is now with you the sender , not the original seller as that original transport deal was concluded when you received the tablet

if you buy any more, bear in mind that somebody needs to create a gmail email address and password for the eventual recipient to use on the android tablet in order to use it properly, like using the play store for example

Just to add, the contract isnt always with the person who actually posts the item. If a seller provides a prepaid label/envelope it is they who are responsible and need to make a claim from royal mail.

paddyrg

Just an aside - asking you for a gmail account and password is how the (freshly imaged) device ties to your Google account, and you have to have a Google account for it to tie to. I suspect your mother thought this was asking for somebody else's details when in fact it wanted her Google account details! This is so the device can sync contracts, operate the play store, etc.

shaun_from_Africa

When it comes to a claim from Royal Mail for loss or damage, it is not only the sender or the person providing the postage label who can claim.

RM allow either the sender or the receiver to claim for both loss or damage providing that whichever party make the claim is able to supply all of the required information.

keyser666

paddyrg wrote: »

Just an aside - asking you for a gmail account and password is how the (freshly imaged) device ties to your Google account, and you have to have a Google account for it to tie to. I suspect your mother thought this was asking for somebody else's details when in fact it wanted her Google account details! This is so the device can sync contracts, operate the play store, etc.

Was thinking exactly the same

Money-Saving-King

boosmum24 wrote: »

Hi, would really appreciate some advice.

I bought a used 10.1 tablet from eBay, cost £40, for my mum. It was sent direct to mum. Anyway, mum said tablet doesn't work, it was stuck on the Google password/username screen and she didn't have a clue as to what the password/username could be as tablet 2nd hand. Anyway contacted company, they said post it back and they will try and sort it out.
Awaited the padded envelope the company said would send out, wrapped it in protective packaging, placed in envelope and posted off. Ebay company then say tablet has been received damaged and they can no longer fix it.

It is not covered by ebays money back guarantee.

What should I do? Do I have any rights at all? Advice much appreciated

It would have wanted her Google username and password. She should have made a Gmail account. All Android tablets will want your Google log in details.

chickendipperbabe

Cant you just open a SNAD dispute and request a refund though the resolution centre?

You say it was returned singed for so, as long as you have tracking showing it as delivered you should be fine if you win and there is a 99% chance you will regardless of what the seller states.