Ebuyer Refusing Exchange/Return

frugal_mike

Marktheshark wrote: »

Opening and inspecting any delivered goods is a matter of common sense unfortunately.
The law affords you 14 days from delivery to inspect your goods you order online for damages, after this the law now says you are happy with the goods you ordered.
I know it's not nice having to open presents to inspect them, but unfortunately it is now a fact of life, if its faulty or damaged then you are on your own after 14 days other than the draconian retailer stacked sale of goods act.

This is not true. Perhaps you are inflating the Consumer Contracts Regulations with the Sale of Goods Act. The Consumer Contracts Regulations give you 14 days after delivery to cancel contracts due to a change of mind when bought at a distance, but these regulations have no bearing on what happens in the case of faulty goods.

The Sale of Goods Act governs what happens with faulty goods, and contains the concept of acceptance. For goods the buyer could not inspect before delivery (and have not been explicitly accepted by the buyer) it gives an unspecified reasonable amount of time before acceptance occurs. This reasonable time will I believe have a minimum of 30 days applied to it in future legislation, but currently is completely unspecified.

And acceptance only determines whether the goods can be rejected for a full refund. When acceptance occurs the retailer is still liable if the goods do not conform to contract.

The Sale of Goods Act applies to all sales, including online ones.

Marktheshark

frugal_mike wrote: »

This is not true. Perhaps you are inflating the Consumer Contracts Regulations with the Sale of Goods Act. The Consumer Contracts Regulations give you 14 days after delivery to cancel contracts due to a change of mind when bought at a distance, but these regulations have no bearing on what happens in the case of faulty goods.

The Sale of Goods Act governs what happens with faulty goods, and contains the concept of acceptance. For goods the buyer could not inspect before delivery (and have not been explicitly accepted by the buyer) it gives an unspecified reasonable amount of time before acceptance occurs. This reasonable time will I believe have a minimum of 30 days applied to it in future legislation, but currently is completely unspecified.

And acceptance only determines whether the goods can be rejected for a full refund. When acceptance occurs the retailer is still liable if the goods do not conform to contract.

The Sale of Goods Act applies to all sales, including online ones.

Did you actually read any of the posts, the OP's or mine ?

He is outside his 14 days and is now left with Sale of goods.
Please do read the posts before asking me if I am confused.

bod1467

Actually your post #11 is a touch ambiguous (as I read it), so I can see how frugal_mike thought you might be conflating (not inflating) CCRs and SOGA.

You are both actually saying the same thing - there's now no need for this to escalate.

unholyangel

Marktheshark wrote: »

Did you actually read any of the posts, the OP's or mine ?

He is outside his 14 days and is now left with Sale of goods.
Please do read the posts before asking me if I am confused.

I can see frugal mikes confusion, given you said:

Marktheshark wrote: »

Opening and inspecting any delivered goods is a matter of common sense unfortunately.
The law affords you 14 days from delivery to inspect your goods you order online for damages, after this the law now says you are happy with the goods you ordered.
I know it's not nice having to open presents to inspect them, but unfortunately it is now a fact of life, if its faulty or damaged then you are on your own after 14 days other than the draconian retailer stacked sale of goods act.

When the law says no such thing.

Fosterdog

Surely if the box arrived damaged the first thing you would do is open it to check the contents, not wait a few weeks and give it as a gift. You knew the box was damaged when it arrived so why did you just leave it without checking?

I can see why Ebuyer are sceptical about how the damage was caused if it wasn't reported sooner. It would be different if there was no external damage, you'd have no reason to think the item is damaged but with a hole in the box that looks like it's been pierced by the corner of another box (and with some force to go clean through a corrugated box) most reasonable people would inspect the item straight away.

StuieUK34

Hi all,
The box arrived with an indent in the middle of the box. I opened the box to see the indent from the box in the middle has nothing on the inside, and is also the back of the screen...
From that, I didn't feel the need to remove the inner wrapping of the screen, and then to remove the sticky wrapping around the edges of the monitor, given the indent is in the middle of the box.....

Understood about being sceptical, but I have ordered over £3k worth of goods with Ebuyer over the past 12 months from my personal & business account, trending shows I have raised a legit claim.

I cannot remember if it were delivered on the 10th or 11th Dec, just remember ordering it on the 9th Dec. Will have to find some info to try and recall what day it was delivered, if the 14 days has some relevance.... (fault raised on the 25th)

Point is, I have paid £89.99 for defective goods, and as of today, ebuyer have emailed me to say they are refusing an exchange/refund.
My reply to them is, I will seek a chargeback via my bank, and if that fails, I will prepare all the evidence I have and go the small claims route. Also advised I will be cancelling both accounts with them.

I have never done "small claims" before, but I will do whatever it takes to prove I have received defective/damaged goods.


1 more thing about checking the goods... The bottom left screen is protected with wrapping+wrapping+polystyrene.....
As could see no damage to the polystyrene, this is the reason I did not unwrap it all, as all looked OK, apart from an indent in the box.
I try not to open all presents I buy for people.


***Just checked YODEL delivery log, it was delivered to me on the 11th Dec... Fault raised on the 25th Dec. That is 14 Days later ?????? ***

Fosterdog

Did you purchase it through your business or personal account?

StuieUK34

through my personal account.... with my visa debit card

StuieUK34

Anyone had much luck with the doing the "chargeback" thing ?
Spoke to my bank, they said to send the goods back, obtain Proof it was delivered, send them the details and they then look into it......

Sounds fair enough, however, am then left with the fear that I have:
No Broken TFT Screen
Loss of £89.99 + £8 courier costs.....

chickendipperbabe

Have they responded to your e-mail stating you're going down the chargeback / small claims route? if not I'd hold off doing anything until they've responded to that.