Faulty item, my rights

france_54

Hi folks,

looking for some advice. I brought a fabric carry case for some audio equipment in March. I would expect a fabric carry case to last 1-2 years anything more is impressive. The one i purchased in March has torn down the seam in two places after 2 months. Now i brought it from a decent seller on ebay (store not private) i either paid with my credit card or paypal but definitely one or the other. So i contacted the seller who responded swiftly and said that they would take it up with the company who make the product.

Now i was always of the thought that they company i buy if from issues the refund and then they try and recoup their money from the company of the product and that i should not have to wait for them to resolve it with the product company??

Where do i stand?
Who owes me the refund?
Are they talking rubbish when they say I have to wait as its a 'warranty claim'?

Cheers in advance.

Craig

hollydays

How do you know they are a decent company?

JJ_Egan

Who owes me the refund?

> If a refund is due its the vendor .

Are they talking rubbish when they say I have to wait as its a 'warranty claim'?

Yes and breaking the law .

You should find the EBay thread on the forum for advice .

wealdroam

france_54 wrote: »

Hi folks,

looking for some advice. I brought a fabric carry case for some audio equipment in March. I would expect a fabric carry case to last 1-2 years anything more is impressive. The one i purchased in March has torn down the seam in two places after 2 months. Now i brought it from a decent seller on ebay (store not private) i either paid with my credit card or paypal but definitely one or the other. So i contacted the seller who responded swiftly and said that they would take it up with the company who make the product.

Now i was always of the thought that they company i buy if from issues the refund and then they try and recoup their money from the company of the product and that i should not have to wait for them to resolve it with the product company??

Where do i stand?
Who owes me the refund?
Are they talking rubbish when they say I have to wait as its a 'warranty claim'?

Cheers in advance.

Craig

If a refund is due, then it is the seller's job to supply that.

If you are looking for a remedy under the manufacturer's warranty, then you are bound by the terms of that warranty.
If the manufacturer needs to inspect the goods then so be it.

If you are seeking a remedy under The Sale of Goods Act, then the seller is responsible for that.
However, the seller has the right to inspect the goods to confirm that the problem is due an inherent fault. For example, the problem is due to poor materials or construction, rather than misuse. The seller also has the right to ask anyone to help him with that, e.g. the manufacturer.

bod1467

wealdroam wrote: »

If you are seeking a remedy under The Sale of Goods Act, then the seller is responsible for that.
However, the seller has the right to ask you, the consumer, to prove that the problem is due an inherent fault. For example, the problem is due to poor materials or construction, rather than misuse.

For something that was purchased in March 2016? Has the 6 months burden of proof changed between SOGA and the CRA?

wealdroam

bod1467 wrote: »

For something that was purchased in March 2016? Has the 6 months burden of proof changed between SOGA and the CRA?

No, it hasn't changed.

I made a mistake, by missing the two months since sale, and was correcting it at the same time as you posted.

unholyangel

bod1467 wrote: »

For something that was purchased in March 2016? Has the 6 months burden of proof changed between SOGA and the CRA?

Theres also the possibility the contract was not a consumer one - I can't imagine many consumers requiring "audio equipment", let alone carry cases to transport them.