ebay buyers rights

gingertech_2000

he is not a business seller. however as he was selling the item brand new. the item is still in warranty. the seller is unwilling to help me in looking for his proof of purchase

custardy

its not so clear cut.
i dont know the legalities but the seller got warrenty from buying it retail.
i dont know as the warrenty transfers to you automatically.

fwhorn

The warranty belongs to the original buyer, and does not transfer to you that is up to the shop or company who originally sold it .

Why dont you try the manufacturer, you may be quite suprised.

goldspanners

fwhorn wrote: »

The warranty belongs to the original buyer, and does not transfer to you that is up to the shop or company who originally sold it .

Why dont you try the manufacturer, you may be quite suprised.

well said and a very good idea.

ormus

genarally speaking if its a private seller then you have very little recourse to any warranty claims. buyer beware, is a UK common law legal term.

if the item was new and pro quality/price, i might have helped the buyer out.
but i certainly wouldnt have felt any legal need to do so.
(on the other hand, after 11 months, i might have said pizz off too).

RFW

gingertech_2000 wrote: »

Hang on a minute guys! i bought the item in good faith, the item is a very good piece of professional audio equipment sold as brand new by the seller. Therefore the seller should have some form of proof of purchase, which he says he hasnt. I want to know my legal rights if i have any! I waited 11 months before requesting warranty info as the unit has only just started to play up and i didnt realise the info wasnt sent with the goods!

Your rights are to have an item working without the need for repair for a substantial period, the law varies according to the items. In the case of electrical equipment it is accepted as being between 12 and 18 months. That would be in the case of purchasing direct from either a business seller or the manufacturer, you did neither.

As you purchased from a private seller, they have at this stage no legal rights to provide you with their purchase details, they may have had the item for a year before selling it, in which case any warranty would be invalid any way.

As others have said your best chance is to go to the manufacturer and tell them you have had item for 11months and it is in need of repair and you believe their items should last much longer. They may be willing to do it free of charge, but they don't have to.

For any legal advice I'd recommend the Citizen's Advice.

Your best chance of a warranty would be if you paid by credit card via Paypal or direct, then your credit company is liable under the Consumer Credit Act.

shelly

RFW wrote: »

As you purchased from a private seller, they have at this stage no legal rights to provide you with their purchase details, they may have had the item for a year before selling it, in which case any warranty would be invalid any way.

Exactly what I was thinking.
I have electrical items in my kitchen cupboards that we had as wedding presents nearly 7 years ago. If I was to sell them I would list them as new as they haven't been out of the boxes but theres no way I could pass on any warranty info.

Having said that.....is an item still new once its been purchased even if its never been used or is it just an unused second hand item?