4 month old bed base collapsing - action?

Squiggly_Diddly

Hello, I am going to message an ebay shop/seller who I bought a divan bed base from on 19th Feb (for £209). This base is now just about 4 months old and is completely collapsing on one side. The boarding (which looks more like cardboard rather than a chipboard/wood) is caving in over the drawers. This bed was my daughter's choice/money but obviously as through my ebay account I am following it up for her. I paid via PayPal and with my credit card so am hoping that may give some protection as well.

Whilst I could go to B&Q and buy some chipboard/reinforce the base and frame, I think it is reasonable within 4 months to be contacting the seller and asking for a return/replacement? But would much appreciate some advice over what is possible or likely, as haven't had to take this route with ebay purchases before.

Thanks

theonlywayisup

It is perfectly reasonable if the seller is a business here in the UK.

You don't have any protection for this type of issue with Paypal as they give 180 days for SNAD which is significantly not as described and not for something that fails with use.

Your best bet is to try to get the seller to cooperate first.

Squiggly_Diddly

Thank you, that's great, I've messaged them so will see what they respond with. If all else fails, B&Q for chipboard it will be!

theonlywayisup

Have a read of this:

http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

You do have rights assuming it's a UK business and as you are within the first 6 months, the onus isn't on you to prove any inherent fault.

19lottie82

The buck certainly doesn't stop with A PayPal / eBay claim.

If you don't get a satisfactory response from the seller you can always take it further....... small claims court? (If you can be bothered that is).

Squiggly_Diddly

That's brilliant, thank you so much. I am hoping that having also used my credit card that too may offer a level of protection. Much appreciated.

theonlywayisup

19lottie82 wrote: »

The buck certainly doesn't stop with A PayPal / eBay claim.

If you don't get a satisfactory response from the seller you can always take it further....... small claims court? (If you can be bothered that is).

There isn't a valid reason for an Ebay (30 days) or Paypal claim (180 days). They don't cover ongoing-use-issues.

martindow

theonlywayisup wrote: »

There isn't a valid reason for an Ebay (30 days) or Paypal claim (180 days). They don't cover ongoing-use-issues.

This bed is of such poor quality that it has collapsed after only a few months. I would argue that it is not an ongoing use issue but SNAD. Something described as a bed should still be usable after such a short time.

The problem with a Paypal claim is that the OP would have to cover the cost of return which would probably be more than the B&Q chipboard to do a repair.

Squiggly_Diddly wrote: »

That's brilliant, thank you so much. I am hoping that having also used my credit card that too may offer a level of protection. Much appreciated.

I don't think this is likely to get you very far as section 75 protection does not apply to transactions where you pay the seller indirectly. A chargeback may still be a possibility.

theonlywayisup

martindow wrote: »

This bed is of such poor quality that it has collapsed after only a few months. I would argue that it is not an ongoing use issue but SNAD. Something described as a bed should still be usable after such a short time.

SNAD isn't about how long something lasts. It is if the item is materially different than the listing or damaged on arrival. If the buyer assembled it and on first use it collapsed, then yes, that would be SNAD. However, it failing after uses isn't.

Paypal is clear on SNAD.

13.8 What is Significantly Not as Described (SNAD)?

Your purchase is Significantly Not as Described if it is materially different from the last description of it that you received from the Payment Recipient before you paid for it (which, for exclusively online purchases, shall be taken to be the Payment Recipient’s description of the purchase in the relevant online listing) (“Purchase Description”). Here are some non-exhaustive examples:
You received a completely different item. For instance, you purchased a book and received a DVD or an empty box or the software that you received was not the software that was sold to you.
The condition of your purchase was misrepresented. For instance, the listing for an item said “new” and the item was used.
Your purchase was advertised as authentic but is not authentic.
Your purchase is missing major parts or features and the fact that these parts or features are missing was not disclosed in the listing.
You purchased 3 items from a Payment Recipient but received only 2.
Your purchase was damaged during postage.
Your purchase is not Significantly Not as Described (SNAD) if it is not materially different from the Purchase Description. Here are some non-exhaustive examples:
The defect in your purchase was correctly described by the Payment Recipient.
Your purchase was correctly described but you didn't want it after you received it.
Your purchase was correctly described but did not meet your expectations.
The item that you purchased has minor scratches and was listed as used condition.
An event you purchased tickets to was postponed.

Whilst I agree a bed should not collapse, it doesn't fall under the SNAD protection offered by Paypal.

martindow wrote: »

The problem with a Paypal claim is that the OP would have to cover the cost of return which would probably be more than the B&Q chipboard to do a repair.

Paypal do assist with returns but their cap is £15.

martindow wrote: »

I don't think this is likely to get you very far as section 75 protection does not apply to transactions where you pay the seller indirectly. A chargeback may still be a possibility.

A chargeback is a possibility. But as I outlined above, the first step is to see what the seller offers.

angryparcel

theonlywayisup wrote: »

It is perfectly reasonable if the seller is a business here in the UK.

You don't have any protection for this type of issue with Paypal as they give 180 days for SNAD which is significantly not as described and not for something that fails with use.

Your best bet is to try to get the seller to cooperate first.

Paypal do class faulty goods as SNAD for some reason. i had an issue when i paid vua CC through ebay and as it was guest account could not dispute through my PP account so had to call Paypal and they started the cliam their end and i contacted them about it being listed as a SNAD when it was faulty and told they class faulty goods as a SNAD

angryparcel

Squiggly_Diddly wrote: »

Thank you, that's great, I've messaged them so will see what they respond with. If all else fails, B&Q for chipboard it will be!

all divan beds are just made of a cardboard sheet tacked onto wood lats. This is a reason i never buy divan beds