Consumer rights with internet / eBay trades

Telegraph_Sam

If I purchase an item of value from a high street store I expect this to be covered by a guarantee or warranty for normal use within a reasonable time period (e.g. 1 year). I have found to my cost that there appears to be an unwritten rule that if you buy something (new) from an eBay "trader", such protection does not apply in practice, whatever consumer legislation has to say on the matter. There is some limited "protection" from eBay itself, and something else from PayPal (which deprives you of your rights for credit card purchases, a little know fact), but neither of these covers you if the item does not give a reasonable amount of service in subsequent use..
eBay traders frequently try to shift the responsibility to the manufacturer in spite of the well documented fact that the purchase contract is between end user and trader. I have experienced a manufacturer refusing to "honour" any guarantee because they regarded an eBay trader as an "unauthorised channel". I now try to clarify such matters for all items of any value in advance - my experience has been that if pressed the trader will usually not reply / will refuse to give any commitment.
I suspect that a large proportion of eBay traders have no more than a warehouse which they fill with job lots which are then advertised on the net. They probably have limited understanding of the products and even fewer facilities for repairs or servicing. So it is realistic to expect little or no backup. However I suspect that many of us, myself included in the past, work on the assumption that one has the same rights as in the High Street. Caveat emptor.
There are of course no doubt a number of notable exceptions to the above.

theonlywayisup

What is the question?

RoonilWazlib_2

There is no requirement (high street or otherwise) for anyone to provide a warranty or guarantee. Many do but they don't have to.

Consumer rights are a different matter. It's an important distinction that too many don't take the time to understand.

eBay traders frequently try to shift the responsibility to the manufacturer in spite of the well documented fact that the purchase contract is between end user and trader.

A large number of high street traders do this too. Not specific to eBay at all.

Telegraph_Sam

Question is: Has this been the experience of others also?

If so then my suggestion is that the facts / risks should be more widely circulated. Or if my understanding is incorrect then I am looking to be put right.

theonlywayisup

Telegraph_Sam wrote: »

Question is: Has this been the experience of others also?

If so then my suggestion is that the facts / risks should be more widely circulated. Or if my understanding is incorrect then I am looking to be put right.

No not my experience.

If you buy online (eBay traders included) then you have safeguards in place within eBay and Paypal. Do you realise that?

Telegraph_Sam

"If you buy online (eBay traders included) then you have safeguards in place within eBay and Paypal. Do you realise that?"

As I indicated, yes. But the protection from these two is useless after a short period after delivery. I think this is mainly intended to provide short term payment protection (at the expense in the case of PayPal of depriving you of your consumer rights from using a credit card).

There must be a subtle dividing line between warranty / guarantee on the one hand and consumer rights on the other. My impression is that many eBay traders seek to avoid any commitments from either. Counting on most consumers not being able or prepared to enforce whatever they are legally entitled to.

theonlywayisup

Telegraph_Sam wrote: »

"If you buy online (eBay traders included) then you have safeguards in place within eBay and Paypal. Do you realise that?"

As I indicated, yes. But the protection from these two is useless after a short period after delivery. I think this is mainly intended to provide short term payment protection (at the expense in the case of PayPal of depriving you of your consumer rights from using a credit card).

What do you call "short term"?

Telegraph_Sam wrote: »

There must be a subtle dividing line between warranty / guarantee on the one hand and consumer rights on the other. My impression is that many eBay traders seek to avoid any commitments from either. Counting on most consumers not being able or prepared to enforce whatever they are legally entitled to.

Neither give a warranty, Ebay and Paypal give protection for purchases, not life expectancy.

No trader is above the law. eBay and Paypal aren't the law. You do know that?

Telegraph_Sam

Agreed. eBay and PayPal are no substitute for the law and consumer rights.

My point is that it seems (to me) that many eBay traders regard themselves as outwith the law as far as consumer rights are concerned, however incorrectly. I was wondering if - in practice - there is some unwritten rule that reinforces this, recognizing that enforcement of ones rights in cyberspace is something different from bringing a complaint in physical premises in the High Street.

RoonilWazlib_2

I still don't know what you are asking. None of these problems are exclusive to eBay traders - although I agree there are plenty of eBay traders who try to restrict their liability.

I was wondering if - in practice - there is some unwritten rule that reinforces this

There are written rules to cover it.

theonlywayisup

Telegraph_Sam wrote: »

Agreed. eBay and PayPal are no substitute for the law and consumer rights.

I didn't say they were.


I asked what you referred to as "short term". They are both, far from short term in my book.

Telegraph_Sam

"I still don't know what you are asking"

If it is your / readers' view or experience that with eBay traders the attempts to wiggle out of their responsibilities (with some success) are significantly greater when comparing like for like than with High Street retailers.