eBay -- refund rights after 80 days

amoe
amoe Posts: 2 Newbie
Second Anniversary First Post
Hi there,

I've purchased a secondhand Kindle on eBay in January.
There are 2 problems with it, that I've only just found (foolishly I didn't check it closely enough after receiving it).
1 -- it's the wrong model.  Was wrongly advertised in the listing, a fairly large error by the seller.
2 -- it was advertised as unused but it's locked to a previous owner.  I can't link it to my Amazon account, I've been in touch with Amazon and they refuse to do anything.

As I can't use it, I wondered if there's anything I can do to get a refund.
eBay won't let you open a case after 30 days.
I didn't pay with PayPal it seems -- ebay is no longer using them by default now, so I can't open any dispute on PayPal.
I messaged the seller who just said that they made a mistake when listing it, but they said they won't accept a return or a refund as it's too late.
Do I have any rights here?  It cost £40.

Comments

  • soolin
    soolin Posts: 73,756 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    There’s nothing you can do via eBay , small claims is till open to you but whether it is worth the hassle for a low cost item I couldn’t comment.

    I’ll ask the forum team to move this to the eBay board. 
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,039 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 3 April 2023 at 6:36PM
    Hello OP

    How did you pay when you completed eBay checkout?

    If it was a card you could try a chargeback (bank may require you to return first so worth a chat with the card provider to find out what’s expected).

    If it was PayPal you have 180 days to open a SNAD IIRC, if you do this personally I would just stick with it being a different model to that advertised for simplicity.

    If you used Google or Apple Pay I’m not sure what, if any, kind of cover they offer. 


    In the game of chess you can never let your adversary see your pieces
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why did you leave it 80 days? It a bit difficult to get a refund as 80 days is way past acceptance time.

    It will be difficult to get a refund now
  • flashg67
    flashg67 Posts: 4,117 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Does a factory reset of the kindle remove the previous user account - a quick google suggests it will? 
  • amoe
    amoe Posts: 2 Newbie
    Second Anniversary First Post
    > If it was a card you could try a chargeback (bank may require you to return first so worth a chat with the card provider to find out what’s expected).

    Thanks much, I might try this.  It was bought on a Visa debit card.

    > Does a factory reset of the kindle remove the previous user account - a quick google suggests it will?

    Tried this numerous times but sadly not.  I've been through a long troubleshooting dialogue with Amazon's support team who eventually told me there's nothing they can do, and that I should return it to the 'retailer' for a refund.
  • I recently had a buyer who after several weeks complained about an item and wanted to return it for a refund (a £20 item). The photos showed the item had been ruined by the buyer so I refused. They were too late to open an eBay case but opened a chargeback with their card holder. eBay disputed the chargeback on my behalf but the credit card company found in the buyer's favour. They were not asked to return the item.

    When I looked into it on the eBay help forums at the time the consensus on multiple threads was that if a buyer opens a chargeback with their card holder for not as described that they will win.
  • soolin
    soolin Posts: 73,756 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This bit appears to cover chargeback disputes from a seller point of view, which might help a buyer to consider their options.

    https://www.ebay.co.uk/help/selling/getting-paid/handling-payment-disputes?id=4799

    Item doesn't match the listing or Item was damaged when received or Item received had missing parts

    • A clear photo showing the item is as described and its condition pre-postage
    • Messages with the buyer showing the issue has been solved, e.g. a partial refund or seller solution was accepted
    • Any other evidence that proves the item was returned in a different condition
    The bit of interest being that item appears to have needed to be returned, if Op goes down a chargeback route then make sure that complete and clear photos of the item showing the issue are retained before sending item back , that includes proof of model and locked to another owner. It is also possible that eBay will take a dim view of a chargeback being opened and OP might need to consider the possibility that their account might be in danger. 
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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