Lack of protection with (all) eBay trades?

born_again

Telegraph_Sam said:

This seems to be a grey area -  if for example the goods are supplied from a UK warehouse. My gut feel is to assume that in practice if I buy an eBay item there is no warranty unless specifically stated. I'm surprised that this caveat emptor condition doesn't seem to feature in consumer finance programmes

That goes the same for any purchase from any other retailer. Warranty is supplied by manufacture.

When using ebay etc. Always check into sellers details. Don't just look at UK supplied. 

Customer due diligence is your friend to avoid the issues you are highlighting .

A bad choice of phrase there.

caveat emptor
the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

Telegraph_Sam

As I say this strikes me as grey.  If I buy an item from a well-known high street retail store there is the general expectation that if it fails within a "reasonable" time then they would consider a claim from me sympathetically, not least for the sake of their reputation. Whatever legal arrangements exist with the manufacturer in the background.

My impression is that I am on much weaker ground if I buy from an eBay seller who might be no more than a trader with a warehouse in an industrial estate in Manchester.

There is of course a limit on what due diligence can provide in such situations.  I myself have little faith in "positive feedback" statistics when "95%" seems to be par for the course regardless.  Sometimes I do a "contact seller" with some routine query to see just what kind of a response I get. And/or see what google brings up in response to "reviews". But all this is hitty missy.

The definition of caveat emptor that I read said

"let the buyer beware

Caveat emptor is a Latin phrase that means "let the buyer beware." The principle of caveat emptor is sometimes used in legal contracts as a type of disclaimer. A caveat emptor disclaimer precludes post-purchase disputes despite the seller having more information than the buyer about the quality of a good or service."

Room for endless legal arguments here, none of which will make me feel that my chances with eBay purchases are any stronger.

the_lunatic_is_in_my_head

Hello OP

Not sure if it's been explained clearly as I'm too lazy to read 4 pages but there are two things, warranties and your consumer rights. 

A warranty is something offered typically by manufacturers voluntarily (commonly experience for most people will be goods like washing machines or TVs)

Consumer rights are afforded by law and in brief require goods to be as described, last a reasonable time and so on.

I think you are talking about consumer rights but just using the wrong term of warranty   

A company doesn't necessarily have to be in the UK for consumer rights to apply but as you point out someone who resides in China and is drop shipping or similar is going to be very difficult to make a claim against without the protections marketplaces such as eBay offer.

Ultimately the sellers from China are everywhere, eBay, Amazon, websites, social media, and you'll generally have the same experience anywhere if you suffer an issue with the goods a few months down the line. 

Amazon is a little more well known for handing out refunds but some do get told tough luck after 30 days and have to try and reason with overseas customer services stuck to a script. 

Ultimately singling this out as an eBay issue isn't particularly apt, next time you shop on Amazon dive into the seller profile and you might be surprised just how many sellers are in China.  

Telegraph_Sam

I accept that my criticism does not apply solely to eBay but Amazon sellers and other web sites can be just the same. And that there is a distinction between consumer rights, warranty and guarantee. I lump these together as far as enforcement in practice is concerned. You get the impression that the position of the buyer is better with Amazon but ..

Getting "positive "feedback" seems to be a hot issue with many e-sellers but probably only for a limited post sale period. My theory is that thereafter it becomes a warranty issue and that one is on shakey ground online compared with the High Street. Which is the original point that I wanted to air.

[On one occasion I contacted the UK manufacturer of a white goods item which I had purchased online which had developed a fault .The response was that they rejected any claim since I had made the purchase from "an unauthorised channel".]

powerful_Rogue

Telegraph_Sam said:

I accept that my criticism does not apply solely to eBay but Amazon sellers and other web sites can be just the same. And that there is a distinction between consumer rights, warranty and guarantee. I lump these together as far as enforcement in practice is concerned. You get the impression that the position of the buyer is better with Amazon but ..

Getting "positive "feedback" seems to be a hot issue with many e-sellers but probably only for a limited post sale period. My theory is that thereafter it becomes a warranty issue and that one is on shakey ground online compared with the High Street. Which is the original point that I wanted to air.

[On one occasion I contacted the UK manufacturer of a white goods item which I had purchased online which had developed a fault .The response was that they rejected any claim since I had made the purchase from "an unauthorised channel".]

That's your mistake. They are all very different.

As for the warranty claim being rejected, if part of the T&C's of that warranty was to purchase from an authorised retailer, then they are perfectly in the right to reject it. You do however have consumer rights with the retailer.

Telegraph_Sam

This again illustrates the difference between theory and practice. If one has to "research" all such details before making an online purchase I think many of us would not bother except for major items. 

powerful_Rogue

Telegraph_Sam said:

This again illustrates the difference between theory and practice. If one has to "research" all such details before making an online purchase I think many of us would not bother except for major items. 

Makes no difference whether it's online or instore in regards to consumer rights and warranties.

All items purchased from a business in the UK by a consumer have consumer rights. Only items that state they come with a warranty have a warranty.

born_again

Telegraph_Sam said:

This again illustrates the difference between theory and practice. If one has to "research" all such details before making an online purchase I think many of us would not bother except for major items. 

It's exactly the same with bricks & mortar purchases.

If only more people did some "research" on the retailer they are buying from, would cut down on the number of issues. As to after purchase. You only need to do it once. 

Telegraph_Sam

I think that the fact that the average consumer would not think of conducting research on John Lewis or some other High Street retailer before making a purchase confirms my point. On the other hand research into an online seller is in theory all the more desirable. In the former case the risks are minimal, in the latter case much greater given an equal amount of time and effort devoted to pre-purchase research. My feeling, which I cannot substantiate, is that online purchasers just live with this as a fact of life. Sure there are cross-over situations where JL & co sell on line. What I have in mind is the eBay trader who has a stock lot of items in his warehouse in Manchester who is probably incapable of "servicing" a faulty item whether or not he had the inclination to do so (as happened to me with a dehumidifier that developed problems 3 months after delivery. In effect he declined responsibility, likewise the manufacturer) 

born_again

Telegraph_Sam said:

I think that the fact that the average consumer would not think of conducting research on John Lewis or some other High Street retailer before making a purchase confirms my point. On the other hand research into an online seller is in theory all the more desirable. In the former case the risks are minimal, in the latter case much greater given an equal amount of time and effort devoted to pre-purchase research. My feeling, which I cannot substantiate, is that online purchasers just live with this as a fact of life. Sure there are cross-over situations where JL & co sell on line. What I have in mind is the eBay trader who has a stock lot of items in his warehouse in Manchester who is probably incapable of "servicing" a faulty item whether or not he had the inclination to do so (as happened to me with a dehumidifier that developed problems 3 months after delivery. In effect he declined responsibility, likewise the manufacturer) 

So you use your consumer rights to enforce the required action. Be that via courts or other actions.