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Faulty item under £40

LiquidStool
LiquidStool Posts: 92 Forumite
Part of the Furniture 10 Posts Photogenic Combo Breaker
in Consumer rights
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
«1

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wealdroam wrote: »
    Is the seller a trader or a private individual?
    Good point, I missed the fact it was purchased via ebay.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    One could possibly argue that offering a warranty at all makes them a business seller. :)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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
    LiquidStool Posts: 92 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    wealdroam wrote: »
    Is the seller a trader or a private individual?

    Sorry forgot that bit, seller is a trader.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    LiquidStool wrote: »
    Sorry forgot that bit, seller is a trader.
    Then Neilmcl's post has the answer.
  • LiquidStool
    LiquidStool Posts: 92 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    Trader is ShopfusionLtd.
  • LiquidStool
    LiquidStool Posts: 92 Forumite
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    @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
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    What you need is in the Consumer Rights Act 2015.
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