eBay - Do I have any rights here?

MaximumFish

Hey all,

Using 'Buy it Now', I bought a new LG Nexus 5X phone just over a year ago from an eBay store seller that ships from the UK and has good feedback (don't they all?). All was fine until recently when it's developed the well documented bootloop issue. No problem, LG has a 2 year warranty, except having contacted them they're telling me that this H798 model is the Hong Kong variant, and not only can the UK arm not help, but the HK warranty is only for a year.

I looked up my order history and the listing was clearly labelled as the correct H791 model right there in the title. Using this ammo I contacted the seller to see what they were willing to do, and they've come back offering a measly £10 refund. I've just sent my follow up reply quoting the Consumer Rights Act 2015 and so on, but having now checked their profile it seems that the seller itself is actually US based, just with a UK distribution hub. So I'm getting the sinking feeling that there's literally nothing I can do about it and I'm out £240.

Do I have any rights here? I thought I'd done everything right, using Buy it Now and choosing a UK based seller, but it seems not. Assuming they come back laughing or simply don't reply, can I take it up with eBay or PayPal?

I'm probably screwed, aren't I?

Tealblue

I'm afraid you probably are. You are outside the timeframes for both ebay and Paypal and if the seller is US based, forget any idea of claiming via the small claims procedure unless there are UK-based assets: https://www.gov.uk/make-court-claim-for-money/overview

RFW

MaximumFish wrote: »

Do I have any rights here? I thought I'd done everything right, using Buy it Now and choosing a UK based seller, but it seems not. Assuming they come back laughing or simply don't reply, can I take it up with eBay or PayPal?

I'm probably screwed, aren't I?

Probably. Your best bets (and they aren't much more than free gambles) are to try LG Customer Services via Twitter to see if they'll take pity on you, especially as it sounds like a common fault that they know about. If this is a big seller they may also be willing to do a bit more to stop you causing a fuss (try them on Twitter too). The third is Ebay as the item is not as described, albeit in a technicality. I'd also try Ebay on Twitter, pointing out that they have been complicit in misleading you. You could also try Paypal. As a final possibility, if you've somehow paid via credit card then the credit card company could be liable.

It might be worth giving Trading Standards a call to see what other options you may have or if they can intervene on your behalf.

Tealblue

RFW wrote: »

Probably. Your best bets (and they aren't much more than free gambles) are to try LG Customer Services via Twitter to see if they'll take pity on you, especially as it sounds like a common fault that they know about. If this is a big seller they may also be willing to do a bit more to stop you causing a fuss (try them on Twitter too). The third is Ebay as the item is not as described, albeit in a technicality. I'd also try Ebay on Twitter, pointing out that they have been complicit in misleading you. You could also try Paypal. As a final possibility, if you've somehow paid via credit card then the credit card company could be liable.

It might be worth giving Trading Standards a call to see what other options you may have or if they can intervene on your behalf.

Surely as the purchase was over a year ago it's far too late to try ebay/Paypal??

theonlywayisup

Even within the timescales, this would not be a SNAD. A SNAD is NOT a guarantee. You've had the item a long time, you may have a guarantee but are bound by the terms of it (1 year) and so, you need to accept this is the price you pay for buying outside of normal UK sellers.

RFW

Tealblue wrote: »

Surely as the purchase was over a year ago it's far too late to try ebay/Paypal??

It's outside the natural timeframe, they have been known to do something beyond their scope. I said it was a (free) gamble and the only way to find out definitively is to ask. In my experience, it's never too late to try, at worst they'll say no.

RFW

theonlywayisup wrote: »

Even within the timescales, this would not be a SNAD. A SNAD is NOT a guarantee. You've had the item a long time, you may have a guarantee but are bound by the terms of it (1 year) and so, you need to accept this is the price you pay for buying outside of normal UK sellers.

I don't know the product or how it was sold but from what the OP said the item he purchased naturally has a 2 year guarantee, the one he received only had one year, this may be the only part that isn't as described. I've also taken it that the OP didn't know it was an "outside of normal UK seller" purchase. With a very faint hope of getting anywhere I'd say that was the best approach.

MaximumFish

RFW wrote: »

I don't know the product or how it was sold but from what the OP said the item he purchased naturally has a 2 year guarantee, the one he received only had one year, this may be the only part that isn't as described. I've also taken it that the OP didn't know it was an "outside of normal UK seller" purchase. With a very faint hope of getting anywhere I'd say that was the best approach.

Yeah that's correct.

Thanks for your replies everyone. I'm slowly working through all available avenues in the hope that someone takes pity on me, but it's not looking good so far.

NBLondon

theonlywayisup wrote: »

Even within the timescales, this would not be a SNAD.

I think it would...

MaximumFish wrote: »

they're telling me that this H798 model is the Hong Kong variant,

whereas

the listing was clearly labelled as the correct H791 model right there in the title.

- that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?

Lisbon

NBLondon wrote: »

I think it would...
whereas - that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?

At that price I probably would...but only if the actual model number appeared somewhere obvious.

MaximumFish

Honestly at the time I bought it I didn't know there were different variants, but even so, the variant I got was not what was listed. I've since discovered that the model is actually written on the case but in the tiniest of tiny fonts, and it's written in light grey on a white background. Not the most obvious of things.

Had anything about it suggested that it wasn't a UK variant (box or manual in Chinese, default language at first boot anything other than English, etc) then I would've queried it right there and then for sure, but for all intents and purposes it was legit as far as I could tell.

Now LG, Google, and the seller have either diplomatically said they can't help or flat out refused. Next stop: eBay. They facilitated the transaction, so they've gotta be at least partially liable... Right?