eBay - new products and warranties.

smiffy

I've purchased a car radio from a UK company trading on ebay.

After a few weeks the unit has developed a fault.

I beleive that as the seller us a UK Ltd company they should offer to replace or have the item repaired, as per the info on the Trading Standards web site.

However they are advising to send the unit back to Hong Kong or pay them a further £17 and they will send it on my behalf. Their last email quoted here.

"As our eBay listing states, your item is covered by a manufacturer warranty after 7 days of receipt and the buyer is liable for all postage and insurance when requiring warranty service. "

Can anyone confirm if this is the case - afterall my contract is with a UK Ltd Company and not one in Hong Kong.

thanks

ormus

depends if it was an auction or BIN?
auction rules are different from the normal retail trading rules.

BIN seems to be a murky area, according to recent net forums.
with 2 different answers/viewpoints from peeps with connections to trading standards.
afaik it hasnt been tested in a court yet.
best bet is to contact your local trading standards on their view re ebay BIN.
if BIN is considered to be retail selling, then normal retail rules apply. ie refund, exchange or a repair.

my personal view is that they are trying it on. it would cost them very little to at least exchange the item for you.

ps. its an offence to state T/C that remove your legal rights. ie a dry cleaners cannot have sign stating "we are not responsible for any damage" etc...

smiffy

The item was actually won in an auction, though they have the same item as a BIN.

ormus

then the distance selling regulations dont apply to your case.
afaik the auction regs leave you at the mercy of the auctioneer/seller.
how did you pay?

smiffy

Paid via PayPal.


"As our eBay listing states, your item is covered by a manufacturer warranty after 7 days of receipt and the buyer is liable for all postage and insurance when requiring warranty service.

We would recommend you to contact the manufacturer in China directly by referring to the warranty card. So you can send your item to the following address with a proof of your purchase:

Liu Yu

18A YING XING GE

7001 HAO HUA MAO QING YUEN

HONG LI XI LU,

Shenzhen CHINA

Please note the factory will normally repair or replace your item within 14-21 dayss after receiving your item.

Alternatively, if you prefer having this warranty service in London by us on behalf of the factory, a required payment of £ 17.00 must be paid. This payment is to cover our cost of sending back your faulty unit to the manufacturer overseas on your behalf, and to cover the cost of sending the replacement unit to you from London. We normally send our the new replacement unit within 7 working days.

Please note the warranty does not cover human damage. Payment of £ 17.00 must be made via cheque, postal order, or PayPal. When paying via PayPal, please send payment to [EMAIL="sales@ntiltd.com"]sales@ntiltd.com[/EMAIL]. "

ormus

in that case you might have some leverage.
start a dispute stating that repair cost inc pp is unacceptable as you were dealing with a uk company not a HK one.
say you are prepared to send item to london.
then see what happens.

you can start a paypal charge back later if required.
(also beware the 20 day rule).

smiffy

Thanks for that - I've raised a PayPal complaint.