New Kindle failed after just three months.

Voyager2002

I bought a Kindle on Ebay: it was described as "new and sealed" from 2022. Now, after just three months of light use, the battery refuses to charge and so it is essentially useless. The vendor has politely pointed out that the listing included the promise of a 30-day warranty, and so does not accept any responsibility.

Do I have any rights in this situation? It is a reasonable inference that the battery was defective at the time of purchase, and so the item as sold was not "fit for purpose". Would further evidence be required? And if I were to pursue this line of action, should I contact Ebay or the card (AmEx) that I used for payment (purchase price was well under £100 so my rights would be limited to a chargeback).

elsien

I’m not sure I’d describe a 2022 kindle as new even if it was still sealed. 

Ergates

Presumably if the seller offered a 30 warranty this was purchased from a business rather than an individual?

Voyager2002

Ergates said:

Presumably if the seller offered a 30 warranty this was purchased from a business rather than an individual?

Yes, registered as a business seller.

Ergates

Are they UK based?

Ergates

elsien said:

I’m not sure I’d describe a 2022 kindle as new even if it was still sealed. 

No, but that's the decision the seller made, so they have to live with the consequences.

Voyager2002

Ergates said:

Are they UK based?

Yes, so far as I can tell. Delivery from Blackburn.

Ergates

OK, so a warranty is over and above your consumer rights and cannot replace or infringe them.

Whilst it could be argued that the expected lifespan of a 2022 model (that has, presumably sat on a shelf for 2 years if it's new and sealed) would not be quite as long as a 2024 model (sitting uncharged isn't good for batteries) it should still be measured in years rather than months.  Plus the seller decided to list it as "new".

You are rejecting the kindle as faulty under the Consumer Rights Act. 

As you've had the kindle less than 6 months the default assumption is that any faults are inherent (rather than as a result of something you did) unless the retailer can prove otherwise - i.e. you don't have to provide any other evidence.

The retailer has the right to 1 attempt at a repair or replacement, after which you can insist on a refund.   They can also just refund you (e.g. if they don't have any replacements and can't repair it, or it would be too expensive to do so).

If they refund you, they should also refund your postage, and if they want the item returned, they should cover that cost too.

When speaking to them, avoid using terms like "not fit for purpose" as that is a matter of design whereas this Kindle is just faulty.

(A chocolate teapot is not fit for purpose.  A cracked teapot is just broken)

Voyager2002

Ergates said:

OK, so a warranty is over and above your consumer rights and cannot replace or infringe them.

Whilst it could be argued that the expected lifespan of a 2022 model (that has, presumably sat on a shelf for 2 years if it's new and sealed) would not be quite as long as a 2024 model (sitting uncharged isn't good for batteries) it should still be measured in years rather than months.  Plus the seller decided to list it as "new".

You are rejecting the kindle as faulty under the Consumer Rights Act. 

As you've had the kindle less than 6 months the default assumption is that any faults are inherent (rather than as a result of something you did) unless the retailer can prove otherwise - i.e. you don't have to provide any other evidence.

The retailer has the right to 1 attempt at a repair or replacement, after which you can insist on a refund.   They can also just refund you (e.g. if they don't have any replacements and can't repair it, or it would be too expensive to do so).

If they refund you, they should also refund your postage, and if they want the item returned, they should cover that cost too.

When speaking to them, avoid using terms like "not fit for purpose" as that is a matter of design whereas this Kindle is just faulty.

(A chocolate teapot is not fit for purpose.  A cracked teapot is just broken)

Thank you for the detailed response.

The merchant just says "no, open a case with ebay if you don't like it" and I cannot find any way to open a case for a purchase that is now more than 90 days ago.

Any options open to me short of using the small claims track at a county court?

PHK

Is it an Amex credit card or a charge card?

Voyager2002

PHK said:

Is it an Amex credit card or a charge card?

Credit card, but the amount was under £100. And I seem to have missed the 'window' for charge-back.