Ebay purchase not fit for purpose.

Nico72

I purchased 100 new banqueting chairs from an ebay business seller in April 2021 paying through paypal. The chairs weren't used until 17th May due to covid regs for meeting indoors. After 2 weeks of use a couple of the chairs had screws protruding through the seat pads. I contacted the seller through ebay straight away and they said they were sorry for this and would contact their supplier.

A week later still no response and I contacted again saying that the chairs were dangerous and not as described as more chairs were developing faults, material on seat wearing through, seat pads flattening and more protruding screws. I sent photos and asked for chairs to be replaced if they could guarantee the new chairs would be of better quality and actually last as expected. Again no response.

I stopped using the chairs and ordered replacement chairs from a different supplier, these chairs have been used continuously since July and are still in great condition, again highlighting the poor quality of the originals.

Obviously ebay only offers refunds within 30 days of purchase and chairs weren't used within 30 days of purchasing. Tried to get money refunded through paypal and the retailer said I'd obviously just changed my mind, used the chairs and no longer wanted them. Paypal refused to give money back but gave no reasons for this.

I've sent letters out recorded and received unsatisfactory response. First letter said I could have a credit note for £1650 to use on their ebay store or £150 cash and keep the chairs. Obviously not what I want, I just want the £1650 paid for the chairs refunding. Sent a 2nd letter asking for a deadlock letter as I wasn't happy with their offer or if they could recommend an ADR scheme and I'd be happy to use, their response to this was that I could return the chairs in their original condition and receive £500 back, no mention of deadlock or ADR scheme. Letters they've sent out aren't recorded post and last letter wasn't sent out within the 14 days I'd asked for a response in.

Just after advice on next steps, all I want back is the £1650 I paid for the original chairs even though the replacements cost more as I had to get them delivered quickly and just go for what was available at short notice.  Do I try through financial ombudsman to get paypal to pay up the refund or do I go through small claims to get the retailer to pay up. I feel more inclined to do the latter just as the retailer is being stubborn and refusing to refund and also ignored the message I sent about having replacements. 

tacpot12

Small claims court. As this was a B2B transaction, you might want to take some legal advice first. 

y3sitsm3

Not much point in pursuing PayPal, they haven't done anything wrong.

PayPal's buyer protection covers "Item Not Received" (obviously not applicable here) and "Significantly Not as Described."  "Significantly Not as Described" doesn't cover this scenario, however.

An item may be considered Significantly Not as Described if:

• The item is materially different from the seller's description of it.
• You received a completely different item.
• The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
• The item was advertised as authentic but is not authentic (i.e. counterfeit).
• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
• You purchased a certain number of items but didn't receive them all.
• The item was damaged during shipment.
• The item is unusable in its received state and was not disclosed as such.

So this will be the reason your PayPal claim was knocked back.

As tacpot12 says your only recourse will be the small claims court, although you need to bear in mind with a B2B transaction your rights are significantly less than those provided to consumers.

k12479

Nico72 said:

...100 new banqueting chairs from an ebay business seller...After 2 weeks of use a couple of the chairs had screws protruding through the seat pads...£1650 I paid... 

A quick look on ebay suggests £16.50/chair for new, commercial quality chairs is very cheap and more the price level of used or the odd single chair. The inference being they are perhaps not designed, nor priced, for heavy use.

y3sitsm3

k12479 said:

Nico72 said:

...100 new banqueting chairs from an ebay business seller...After 2 weeks of use a couple of the chairs had screws protruding through the seat pads...£1650 I paid... 

A quick look on ebay suggests £16.50/chair for new, commercial quality chairs is very cheap and more the price level of used or the odd single chair. The inference being they are perhaps not designed, nor priced, for heavy use.

Christ, £16.50 a chair?  I never even thought to figure out how much it'd be per chair.  Wow, can you really expect chairs to be remotely durable at that price?

sheramber

A deck chair costs more than £16.50

y3sitsm3

DB1904 said:

y3sitsm3 said:

k12479 said:

Nico72 said:

...100 new banqueting chairs from an ebay business seller...After 2 weeks of use a couple of the chairs had screws protruding through the seat pads...£1650 I paid... 

A quick look on ebay suggests £16.50/chair for new, commercial quality chairs is very cheap and more the price level of used or the odd single chair. The inference being they are perhaps not designed, nor priced, for heavy use.

Christ, £16.50 a chair?  I never even thought to figure out how much it'd be per chair.  Wow, can you really expect chairs to be remotely durable at that price?

Is simple maths beyond you?

No, it isn't.  That's why I said I didn't even consider it, not because I can't divide 1650 by 100, but because I didn't think to do it.

You seem to be spoiling for an argument though, so I'll happily report you for trolling.