Right to refund?

slambos

I purchased an electronic doorbell on ebay.co.uk on 18.3.20. It was sold as: New other (see details) “Packaging opened but not used. Still in brand new condition. I bought it to replace another of the exact same doorbell, as the original stopped working.

Item was sent to my mum’s address as it’s for her. The lockdown was announced on 23.4.20 and it was a few days until I was able to get round to my mum's.

On around 30th March I went there and installed the bell, which was just a case of removing from the box, plugging into the mains, and attaching the doorbell itself to the wall outside using a small plastic back plate, which was provided.  I had to pop out the holes on the back plate to get the screws in. 

However, when I pressed the bell nothing worked. In the box, I found a confirmation of conformity certificate dated 2012, so guessed the battery had run out. I bought a new battery on ebay the following day, but the bell still didn’t work properly. You really had to hold your finger on the button for it to chime, making it unfit for use.

On 16.4.20 I requested a refund via ebay, explaining that the doorbell didn’t work. The seller replied saying he was confused as he’d tested the bell just before dispatch.

I explained about the battery and how it still didn’t work and he agreed to refund me as long as I get the item back to him in the condition it was sold.

I have all the original packaging, etc. but the seller is refusing to give me a refund because of the back plate.

Can anyone advise on my rights here?

Thanks in advance

JJ_Egan

To be clear part of this product you have damaged by using knockouts to fit it .

Aylesbury_Duck

Looks like it.  I expect the seller's reasoning is that OP could have tested the bell before fitting it.

the_lunatic_is_in_my_head

As you have opened an eBay return (presumably stating the item is defective) the seller is required to refund or provide a label for the return and then refund. If they haven't you can raise the case to eBay by this point. 

Amending part of the item to fit whilst not ideal isn't your problem as far as I know and if the unit is faulty I can't see what difference it makes anyway.

If the seller is Top Rated they are able to reduce the refund by up to 50% although if you contact eBay they'll likely cover the difference out of their pocket as a one off. 

unholyangel

Are they a business or a private seller? Don't just look at their account type on ebay, look at what other items they have listed and whether that might be indicate a business even if they say they're not. 

slambos

Thanks for your replies. I appreciate that I could have tested it before installing (a lesson )  but I assumed it would work, like when I take any other small electrical appliance out of the box .
Is the onus on the buyer to check an item like this works before installing or on the seller to provide working goods - maybe a rhetorical question?
By the looks of the other items he's selling on ebay, he could be a small business. Only has 680 feedbacks though so not sure. I have opened an ebay return and we've been emailing one another on there but he's now said he won't refund.
Thinking further about it, the item was not as described i.e. “Packaging opened but not used. Still in brand new condition" 

The box contained a conformity certificate dated 2012 so the assumption is that it's aged stock, and how could the battery it came with be expected to work?

Also, he's claiming he tested it before it was dispatched - with an old battery? 

the_lunatic_is_in_my_head

slambos said:

Thanks for your replies. I appreciate that I could have tested it before installing (a lesson )  but I assumed it would work, like when I take any other small electrical appliance out of the box .
Is the onus on the buyer to check an item like this works before installing or on the seller to provide working goods - maybe a rhetorical question?
By the looks of the other items he's selling on ebay, he could be a small business. Only has 680 feedbacks though so not sure. I have opened an ebay return and we've been emailing one another on there but he's now said he won't refund.
Thinking further about it, the item was not as described i.e. “Packaging opened but not used. Still in brand new condition" 

The box contained a conformity certificate dated 2012 so the assumption is that it's aged stock, and how could the battery it came with be expected to work?

Also, he's claiming he tested it before it was dispatched - with an old battery? 

See above, you need to ask eBay to step in via the return before it times out. 

shaun_from_Africa

Is there any possibility of getting another doorbell from another seller fairly quickly?
If so, you could buy one from them and fit it using the backplate you already have which will then leave you with an unused backplate that you could add to the faulty kit you are returning to the ebay seller.

slambos

shaun_from_Africa said:

Is there any possibility of getting another doorbell from another seller fairly quickly?
If so, you could buy one from them and fit it using the backplate you already have which will then leave you with an unused backplate that you could add to the faulty kit you are returning to the ebay seller.

great idea Shaun and thanks, however I already thought of that. I have since purchased what looks to be exactly the same doorbell, but it must be a newer/older model as the battery type is different and the backplate is a not exactly the same size - it doesn't fit the other model.