Defective item still in guarentee

FirstTimer4Me

Hello,

March this year, I purchased an iron (£39.99) from an established business on eBay, unfortunately, the iron has broke (steam no longer works) I've tried contacting the seller via eBay messages, however, the seller has failed to acknowledge my message,

Am I able to contact eBay for involvement, or should I just put it down to bad luck, and purchase another one?

GabbaGabbaHey

Are you still within 180 days of purchase (if it was March, you might be)?

If so, you could try raising a SNAD dispute through PayPal.

FirstTimer4Me

Thank you Gabba,

GabbaGabbaHey wrote: »

Are you still within 180 days of purchase (if it was March, you might be)?

Yes (just about)

GabbaGabbaHey wrote: »

If so, you could try raising a SNAD dispute through PayPal.

Any idea how I raise an SNAD (what's SNAD :()

GabbaGabbaHey

SNAD = Significantly Not As Described.

It's not really designed to act as a warranty, but if the seller is not responding to your eBay messages then it may be worth trying.

If you log on to your PayPal account and locate the payment to that seller, there should be an option to open a dispute.

theonlywayisup

GabbaGabbaHey wrote: »

SNAD = Significantly Not As Described.

It's not really designed to act as a warranty, but if the seller is not responding to your eBay messages then it may be worth trying.

No, it's not a warranty at all. Was the item faulty on first use/delivery - no. Then PayPal SNAD does NOT apply.

GabbaGabbaHey

theonlywayisup wrote: »

No, it's not a warranty at all. Was the item faulty on first use/delivery - no. Then PayPal SNAD does NOT apply.

But if the seller is unwilling to meet their statutory obligations for warranty, then it might be a useful mechanism to get them to do so.

And perhaps their was an inherent defect in the item when it was delivered which has only now manifested itself.

In the circumstances, I'd certainly try a PayPal SNAD claim.

theonlywayisup

GabbaGabbaHey wrote: »

But if the seller is unwilling to meet their statutory obligations for warranty, then it might be a useful mechanism to get them to do so.

And perhaps their was an inherent defect in the item when it was delivered which has only now manifested itself.

In the circumstances, I'd certainly try a PayPal SNAD claim.

Neither of your explanations are what Paypal and eBay cover in SNAD.

Inherent faults are part of consumer legislation, not buyer protection.

The eBay Money Back Guarantee is not a product warranty

PayPal Buyer Protection is neither a product warranty nor a service warranty.

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.

If the seller is an 'established business' then the OP will have other routes available to them which do not involve stretching the truth/lying in order to gain a case resolution.

As you seem to infer the item could have an inherent fault then consumer legislation is the correct route.

Op, you state the item is still in guarantee - have you gone to the provider of the guarantee (usually the manufacturer)?

FirstTimer4Me

theonlywayisup wrote: »

Op, you state the item is still in guarantee

I assumed it came with a 12 month guarantee

theonlywayisup wrote: »

have you gone to the provider of the guarantee (usually the manufacturer)?

No, I thought I had to go through the buyer / eBay

GabbaGabbaHey

theonlywayisup wrote: »

have you gone to the provider of the guarantee (usually the manufacturer)?

The statutory requirement to provide a guarantee rests with the Retailer, not with the Manufacturer. The buyer's contract is with the Retailer, not the Manufacturer.

OP - under EU consumer rights legislation, you will have 2 years warranty, not 1. Also, it is possible (but not certain) that the manufacturer will offer some sort of goodwill warranty, although they have no legal requirement to do so.

Although it may be subverting the PayPal SNAD process somewhat, it would still be my first - and easiest - way of trying to force the retailer to meet their legal obligations. If that fails, then you would also have recourse to Small Claims Court (which can be done online).

theonlywayisup

GabbaGabbaHey wrote: »

The statutory requirement to provide a guarantee rests with the Retailer, not with the Manufacturer.

There is no statutory requirement to provide a guarantee.

GabbaGabbaHey wrote: »

The buyer's contract is with the Retailer, not the Manufacturer.

For Consumer Rights it lies with the retailer, for a warranty (if one exists) it is usually with the manufacturer.

GabbaGabbaHey wrote: »

OP - under EU consumer rights legislation, you will have 2 years warranty, not 1. Also, it is possible (but not certain) that the manufacturer will offer some sort of goodwill warranty, although they have no legal requirement to do so.

Can you please provide a link to said legislation as it doesn't actually exist.

The OP is specifically asking about a guarantee (did you read the title)?

For clarity for you - A warranty/guarantee is provided (usually by the manufacturer) and is NOTHING to do with your Consumer Rights. The warranty/guarantee can ask require all sorts of t&c (it can say that you need to claim whilst standing on your head for example)....

Consumer Rights are between the purchaser and the seller - the retailer has a duty to abide by those (and the country they are legislated by). In the UK (assuming both buyer and seller were in the UK) then the OP may have redress. The timescale is crucial. After 6 months the buyer must provide proof the fault was inherent.

As for SUBVERTING - I think what you mean is LYING.

This is not SNAD.

This is either a case for the OP to take up their Consumer Rights or for them to pursue the guarantee/warranty they have (which neither you nor I have seen the terms of).

theonlywayisup

FirstTimer4Me wrote: »

I assumed it came with a 12 month guarantee



No, I thought I had to go through the buyer / eBay

Nothing comes with a guarantee unless it specifies it does.

If you want to say what you purchased and from whom, it may help.

Your Consumer Rights are with the eBay seller but any guarantee (as per your title) are with the manufacturer *usually.

If you don't mind saying what it was you purchased, when exactly and via what seller, it may help with giving correct advice.