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Faulty camera from ebay, shipped from UK but seller listed in China?

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jmc160
jmc160 Posts: 744 Forumite
Part of the Furniture Combo Breaker
edited 20 April 2017 at 12:48PM in Consumer rights
Hi folks!

I bought my son an action cam for his birthday this year, best price I found for a brand new one was on eBay. Two months later, the Micro SD card slot has failed so it appears the camera is faulty. I've contacted the seller via eBay to try and get this resolved, and they've apologised and offered me £10 as a partial refund (camera cost a little over £60) and said I can keep the camera and get it repaired myself.

Now, I have no idea how much a repair like that would cost in the real world, also after looking closer at the item, which I made sure was shipped from the UK, while that is the case it appears the seller account is registered in China.

Anyone have any idea what my rights are in this scenario?

Many thanks in advance.

EDIT: I've just had another look at the seller info and they have a VAT number on their page. I've checked it and it appears it's valid, registered to the same company name as the Paypal transaction shows, and is registered to an address in Manchester. However their info page on eBay lists an address in China. Based on all this, I would hope I have some rights here, but it's eBay so I'm not sure how this will all go down.
The pen is mightier than the sword, and considerably easier to write with.
--
Marty Feldman

Comments

  • jblessing
    jblessing Posts: 146 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    No one is going to repair a camera (even if it was possible) for £10. Either write it off or ask Ebay to resolve it.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Manufacturer's warranty?
    No free lunch, and no free laptop ;)
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Was it a business seller or a private individual? If a business seller then all parts of the Consumer Rights Act 2015 apply.

    I'd suggest that you contact them and request either (change the order to suit yourself):

    1. A repair (with them bearing all costs involved) OR
    2. A full refund (with you returning the camera at their cost) OR
    3. A replacement (with you returning the camera at their cost)

    As it must be less than 6 months since purchase then the above are your rights in respect of a remedy. IMHO a £10 refund doesn't cut it - even with you retaining the goods, as the nature of the fault makes the camera useless.
  • DoaM wrote: »
    If a business seller then all parts of the Consumer Rights Act 2015 apply.
    Even if the seller is registered in China?

    The camera may have been shipped from the UK but if the seller is based in China then the CRA will have little relevance to the contract.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    I've assumed the seller (on Ebay) is registered in the UK but sources goods from China (to store and ship from the UK). If the seller is indeed registered in China then you're correct. Thanks for clarifying. :)
  • jmc160
    jmc160 Posts: 744 Forumite
    Part of the Furniture Combo Breaker
    DoaM wrote: »
    Was it a business seller or a private individual? If a business seller then all parts of the Consumer Rights Act 2015 apply.

    I'd suggest that you contact them and request either (change the order to suit yourself):

    1. A repair (with them bearing all costs involved) OR
    2. A full refund (with you returning the camera at their cost) OR
    3. A replacement (with you returning the camera at their cost)

    As it must be less than 6 months since purchase then the above are your rights in respect of a remedy. IMHO a £10 refund doesn't cut it - even with you retaining the goods, as the nature of the fault makes the camera useless.
    Not sure how to check if it's business or private, but based on the amount of feedback, etc. I've assumed business. Thanks for the info, I've emailed them with basically what you've said. Now I'll need to wait a couple of days and see if they come back to me. If not, or if we can't come to an agreement, based on the fact it's only two months old and I paid with my Paypal balance, could I claim back through the buyer protection thing?
    The pen is mightier than the sword, and considerably easier to write with.
    --
    Marty Feldman
  • jmc160
    jmc160 Posts: 744 Forumite
    Part of the Furniture Combo Breaker
    edited 20 April 2017 at 12:47PM
    Even if the seller is registered in China?

    The camera may have been shipped from the UK but if the seller is based in China then the CRA will have little relevance to the contract.
    This is the main concern. The item did indeed ship from the UK, but when I logged in to contact them when the camera failed a couple of days ago, I noticed that the seller is registered in China and looking at my Paypal history, it appears that's where the payment has gone too. If they're registered in China, then I really have no idea how to proceed.

    EDIT: I've just had another look at the seller info and they have a VAT number on their page. I've checked it and it appears it's valid, registered to the same company name as the Paypal transaction shows, and is registered to an address in Manchester. However their info page on eBay lists an address in China. I'll add this info to the OP as well.
    The pen is mightier than the sword, and considerably easier to write with.
    --
    Marty Feldman
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