Listed as "used", description reads "selling as spares or repair", arrived broken

Emily_Joy

I bought something on eBay for around £200. Listed as "used". Description read "selling as spares or repair, but it works". The item arrived with visible damages, some of which are beyond repair, due to astonishingly poor packaging. I am surprised a seller with 100% feedback and 3000+ rating could have thought the packaging was suitable for the item, I would have never packed it this way myself. I also would not have bought the item with such damages, even as spares or repair. So the question is - where do I stand? Can I request a refund based on the fact that the item arrived clearly is not the item in the description, simply because it was broken in a few places in transit?

jlfrs01

Absolutely - open a dispute either as items not as described or damaged with eBay. They'll inform the seller who will either respond with a defence or not as the case may be, eBay allows 4 weeks for disputes to be settled. In any event, you're covered under the 2015 consumer rights act so can get your money back. Plan B is a section 75 claim if you paid using a credit card but it probably won't come to that. If the seller argues the goods were damaged in transit they're still on the hook as the contract is between them and you. I've been in the same situation myself and had to refund my buyer, subsequently claiming from Royal Mail for compensation for either damaged goods or being lost in transit.

the_lunatic_is_in_my_head

I would keep it simple and state the item arrived with additional damage due to insufficient packaging, select the option "doesn't match description" and add a couple of photos to the return showing the extra damage so it's clear that damage wasn't in the listing photos. 

Spares and repairs doesn't rule out the item being damaged in transit and not matching the photos.

Bradden

jlfrs01 said:

Absolutely - open a dispute either as items not as described or damaged with eBay. They'll inform the seller who will either respond with a defence or not as the case may be, eBay allows 4 weeks for disputes to be settled. In any event, you're covered under the 2015 consumer rights act so can get your money back. Plan B is a section 75 claim if you paid using a credit card but it probably won't come to that. If the seller argues the goods were damaged in transit they're still on the hook as the contract is between them and you. I've been in the same situation myself and had to refund my buyer, subsequently claiming from Royal Mail for compensation for either damaged goods or being lost in transit.

Are you sure about being covered under CRA? If it's a private seller  on ebay I'm not sure consumer rights exist.
@the_lunatic_is_in_my_head - can you confirm?

prettyandfluffy

I always find it better to message the seller and give them the opportunity to put things right, before involving EBay.  In a long history of buying on EBay there has only been one seller who didn’t resolve things in a satisfactory way - and then I involved EBay. 

Olinda99

eBay buyer protection will be sufficient - no need to go CRA

Emily_Joy

prettyandfluffy said:

I always find it better to message the seller and give them the opportunity to put things right, before involving EBay.  In a long history of buying on EBay there has only been one seller who didn’t resolve things in a satisfactory way - and then I involved EBay. 

Absolutely. I got in touch with the seller. I wanted to be sure where I stand if we cannot come to an agreement.

the_lunatic_is_in_my_head

Bradden said:

jlfrs01 said:

Absolutely - open a dispute either as items not as described or damaged with eBay. They'll inform the seller who will either respond with a defence or not as the case may be, eBay allows 4 weeks for disputes to be settled. In any event, you're covered under the 2015 consumer rights act so can get your money back. Plan B is a section 75 claim if you paid using a credit card but it probably won't come to that. If the seller argues the goods were damaged in transit they're still on the hook as the contract is between them and you. I've been in the same situation myself and had to refund my buyer, subsequently claiming from Royal Mail for compensation for either damaged goods or being lost in transit.

Are you sure about being covered under CRA? If it's a private seller  on ebay I'm not sure consumer rights exist.
@the_lunatic_is_in_my_head - can you confirm?

This is correct, the CRA would cover purchase from a trader, i.e someone running a business, but would not cover purchases with people who sell privately, i.e someone selling their unwanted items and such. 

Happydude5265

Just message the seller, as many think the seller is a mind reader these days and simply say  your not happy and its not as described  as such it will be returned for a full refund Free as it's not as described. 

Emily_Joy

When I started this thread, my thought was "presumably, even if you list something as spares or repair, you can't just throw it into a bin bag, put Royal Mail/Evri sticker on it and post." Well, today I received something I bought on ebay where the seller did just this!  Furthermore, he used the cheapest bin bag possible, sturdy and barbantina's bag might have been suitable. No wonder, the "new" item is not new anymore. Really, can't understand why anyone would risk loosing £50 over a few quids