Oregon Scientific refusing warranty repair

Thaddeus

Hi,
First time posting because im having an issue with the company Oregon Scientific refusing to repair my clock through warranty.
Can anyone give me advice on who would be responsible for the broken clock?

Here is my situation:
Bought JW108 from Ebay UK from a private seller, the clock was brand new and sealed.
The clock eats batteries not lasting longer than 4 weeks.
I contacted oregon scientific support and they have deemed the clock is broken as batteries should last 1 year.
I asked them to RMA to themselves and they have refused saying Ebay and the re-seller on ebay is responsible.
I contacted the re-seller on ebay and he mentioned he is a private seller and believes Oregon Scientific are trying to 'pull the wool over my eyes'.
I mentioned to Oregon Scientific customer support over the phone that I believe under UK and EU law they have to fix the clock, but they refused and say its all down to the ebay re-seller.

What should I do?

Thanks for any advice.
Chris

Geodark

You have no contract with oregon scientific, what UK or EU law were you thinking of?

George_Michael

Thaddeus wrote: »

I mentioned to Oregon Scientific customer support over the phone that I believe under UK and EU law they have to fix the clock, but they refused and say its all down to the ebay re-seller.

There is no legislation that requires Oregon Scientific to carry out any repair for you.
The Sale of goods act & Consumer rights act (which one applies depends on when the original purchase was made) place obligations on the retailers of goods to consumers but these obligations are only between the retailer and original purchaser.

OS may well provide a warranty but as it isn't a legal obligation for a warranty to be provided, the retailer or manufacturer can basically make their own terms and conditions. One of these may be that it is only the original purchaser that gets any warranty coverage.

The problem with buying goods from a private seller is that you don't get any warranty from them.
All that they are required to do is to ensure that the goods are as described when sold and those goods do not need to be durable or fit for purpose.

JJ_Egan

The law states the vendor .Your comeback is against the vendor not Oregon .
Any manufacturers warranty is over and above your rights .You are wrong in that respect with your UK and EU assumptions .
Most manufactures warranty has strict limitations .

Thaddeus

Thanks for your advice everyone. It seems I have no rights over this issue.
I thought the Sale of Goods Act 1979 and distance selling regulations would help me in some way.
I know I can't dispute with eBay because I cannot open a dispute because it's after 45 days. I don't think there's any point pursuing the seller as I will probably be ignored.
Thanks everyone

bris

Open a Paypal claim, they give you 120 days. Fact is you bought a broken clock, brand new and sealed could disguise a business seller pulling the private seller fast one.


Have at look at his items for sale and completed listings this is a good indication of whether he/she is a private seller or not.

bod1467

As above. If the person sells lots of clocks, for example, then it is highly UNlikely they are a private seller.

Thaddeus

Thanks very much for the advice. I have submitted a PayPal dispute with the seller. He/she sells a lot of Oregon scientific clocks on eBay so they must be a business. Hopefully it can be resolved quickly.

pinkshoes

Thaddeus wrote: »

Thanks very much for the advice. I have submitted a PayPal dispute with the seller. He/she sells a lot of Oregon scientific clocks on eBay so they must be a business. Hopefully it can be resolved quickly.

Definitely a business if they sell a lot, so they should not be hiding behind a private seller claim!!

Insist on a refund upon return and make it clear the item is faulty.

esuhl

As above, if the seller is a private individual just selling their own possessions, then you probably don't have much comeback. If the seller is a business (as they seem to be), then in the first six-months after purchase it's up to them to either prove that the fault was not inherent or to repair/replace/refund. After six months, you'd need to prove that the fault was inherent (by obtaining an independent engineer's report).

If the seller will not comply, you can take them to the Small Claims court and sue for damages.

https://www.gov.uk/make-court-claim-for-money/overview