Ebay seller refusing refund as outside 30 day returns period

ormerods

Ergates said:

born_again said:

the_lunatic_is_in_my_head said:

I think it means repaired or replaced by the trader, wouldn’t make much sense otherwise.

In this case the seller is refusing to engage so right to reject exists anyway.

OP if you paid by card a chargeback would cover you for anything that was wrong with the goods that was apparent at the time it was delivered.

Beyond that the Consumer Rights Act covers you for various things, as they are a business is their address on the listing (should be if they are correctly registered as a business), if so you can send a letter before action.

Worth a note if you reject you have a duty to return the goods, trader should bear the cost so you add the cost of return to the claim. 

Op mention around 3 months ago & I bought a new coffee machine from a seller on eBay around 3 months ago, after using it for a while I noticed a fault with how the coffee was being brewed. 

So sounds like fault was not there at purchase & it has been replaced by manufacture. 
So I would say no chargeback rights.
OP would need to confirm date of purchase really.

I don't think that's what the OP is saying.   I *think* they're saying that it's not so much a "fault" (as in something is broken) as a flaw in the design of the machine (as in it has never worked properly, and none of them ever do) that *was* present at purchase, but they didn't notice to start with because they didn't know what they were looking for.

yes that's exactly right

sheramber

powerful_Rogue said:

Worth mentioning that you don't actually have the machine you purchased from the seller.

This was brought up in a previous thread when   A Curry’s (I think) refused a return of an item as  it had been replaced by the manufacturer under warranty and was different serial number to the item sold by them. 

Jumblebumble

savergrant said:

unforeseen said:

the_lunatic_is_in_my_head said:

I think it means repaired or replaced by the trader, wouldn’t make much sense otherwise.

In this case the seller is refusing to engage so right to reject exists anyway.

OP if you paid by card a chargeback would cover you for anything that was wrong with the goods that was apparent at the time it was delivered.

Beyond that the Consumer Rights Act covers you for various things, as they are a business is their address on the listing (should be if they are correctly registered as a business), if so you can send a letter before action.

Worth a note if you reject you have a duty to return the goods, trader should bear the cost so you add the cost of return to the claim. 

Does the person still have the machine that was supplied by the trader? If not then they are in no position to return the goods as they are no longer in their possession. 

unforeseen said:

the_lunatic_is_in_my_head said:

I think it means repaired or replaced by the trader, wouldn’t make much sense otherwise.

In this case the seller is refusing to engage so right to reject exists anyway.

OP if you paid by card a chargeback would cover you for anything that was wrong with the goods that was apparent at the time it was delivered.

Beyond that the Consumer Rights Act covers you for various things, as they are a business is their address on the listing (should be if they are correctly registered as a business), if so you can send a letter before action.

Worth a note if you reject you have a duty to return the goods, trader should bear the cost so you add the cost of return to the claim. 

Does the person still have the machine that was supplied by the trader? If not then they are in no position to return the goods as they are no longer in their possession. 

The item was replaced by the manufacturer. Was the seller involved in this process? Was the replacement item identical to the original item?

If the serial numbers are different then the two items are not identical
No one has said the replacement from the manufacturer was not a refurbished machine.
We all know that some manufacturers are likely to be more diligent about testing refurbs than others
We bought a decent laptop from a large manufacturers outlet store recently. 
 It was DOA
The engineer who came on site had so much trouble with a rounded off screw holding down the motherboard that they had to snap the motherboard to remove it ( Suggesting that this was the second mother board)
The replacement suspected  third motherboard fitted a day later  also failed to start
Eventually the laptop was replaced which worked perfectly

Bottom line is that the customer does not have the coffee machine  the trader sold. The trader is entitled to satisfy themselves that the coffee machine they sold is actually  faulty and not pilot error  and there is no reason for the trader to be wasting their time that they will not be paid for debating the situation about some other coffee machine that they had nothing to do with so i am not surprised they are not engaging

Undervalued

Jumblebumble said:

savergrant said:

unforeseen said:

the_lunatic_is_in_my_head said:

I think it means repaired or replaced by the trader, wouldn’t make much sense otherwise.

In this case the seller is refusing to engage so right to reject exists anyway.

OP if you paid by card a chargeback would cover you for anything that was wrong with the goods that was apparent at the time it was delivered.

Beyond that the Consumer Rights Act covers you for various things, as they are a business is their address on the listing (should be if they are correctly registered as a business), if so you can send a letter before action.

Worth a note if you reject you have a duty to return the goods, trader should bear the cost so you add the cost of return to the claim. 

Does the person still have the machine that was supplied by the trader? If not then they are in no position to return the goods as they are no longer in their possession. 

unforeseen said:

the_lunatic_is_in_my_head said:

I think it means repaired or replaced by the trader, wouldn’t make much sense otherwise.

In this case the seller is refusing to engage so right to reject exists anyway.

OP if you paid by card a chargeback would cover you for anything that was wrong with the goods that was apparent at the time it was delivered.

Beyond that the Consumer Rights Act covers you for various things, as they are a business is their address on the listing (should be if they are correctly registered as a business), if so you can send a letter before action.

Worth a note if you reject you have a duty to return the goods, trader should bear the cost so you add the cost of return to the claim. 

Does the person still have the machine that was supplied by the trader? If not then they are in no position to return the goods as they are no longer in their possession. 

The item was replaced by the manufacturer. Was the seller involved in this process? Was the replacement item identical to the original item?

Bottom line is that the customer does not have the coffee machine  the trader sold. The trader is entitled to satisfy themselves that the coffee machine they sold is actually  faulty and not pilot error  and there is no reason for the trader to be wasting their time that they will not be paid for debating the situation about some other coffee machine that they had nothing to do with so i am not surprised they are not engaging

^^^^^^^ Exactly

In some situations the seller and buyer might agree that it is more expedient for the buyer to deal directly with the manufacturer. If that were the case I would argue that the seller is still responsible for the outcome. However once the buyer unilaterally decides to go elsewhere, be that the manufacturer or Fred the repair man round the corner, they are giving up most or all of their rights against the original seller.