Faulty item under £40

LiquidStool

Hi
I bought a fish tank pump from eBay in March 2017. The seller described it as a new item. Last night it stopped working so contacted the seller saying I wanted a replacement. Seller replied that they only offer a 3 month guarantee on items under £40. Is he allowed to do this? What, if any are my rights re a replacement?

Thanks

wealdroam

LiquidStool wrote: »

Hi
I bought a fish tank pump from eBay in March 2017. The seller described it as a new item. Last night it stopped working so contacted the seller saying I wanted a replacement. Seller replied that they only offer a 3 month guarantee on items under £40. Is he allowed to do this? What, if any are my rights re a replacement?

Thanks

Is the seller a trader or a private individual?

neilmcl

LiquidStool wrote: »

Hi
I bought a fish tank pump from eBay in March 2017. The seller described it as a new item. Last night it stopped working so contacted the seller saying I wanted a replacement. Seller replied that they only offer a 3 month guarantee on items under £40. Is he allowed to do this? What, if any are my rights re a replacement?

Thanks

They don't have to offer a guarantee at all if they wished. However, you do have your statutory consumer rights under the Consumer Rights Act (CRA) and as such you may be entitled to a remedy of a repair, refund or replacement. As it was purchased less than 6 months ago and if they don't choose to repair it then may be entitled to a full refund.

neilmcl

wealdroam wrote: »

Is the seller a trader or a private individual?

Good point, I missed the fact it was purchased via ebay.

DoaM

One could possibly argue that offering a warranty at all makes them a business seller.

wealdroam

DoaM wrote: »

One could possibly argue that offering a warranty at all makes them a business seller.

Yes... lots of good points being raised today.

LiquidStool

wealdroam wrote: »

Is the seller a trader or a private individual?

Sorry forgot that bit, seller is a trader.

wealdroam

LiquidStool wrote: »

Sorry forgot that bit, seller is a trader.

Then Neilmcl's post has the answer.

LiquidStool

Trader is ShopfusionLtd.

LiquidStool

@Neilmcl can you refer to the specific paragraph please? Also utt he is a trader, what difference does it make whether he's on eBay or on the high street?

DoaM

What you need is in the Consumer Rights Act 2015.