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Ebay refund on faulty goods

I bought a new pair of M & S boots with tags from Cancer Research on ebay in August 25, I didnt wear the boots until 7th November . I wore them for 2 hours and the material has peeled off both . They were clearly defective . Cancer research wont take responsibility for a refund as over 30 days however, I had no way of knowing that they were faulty until they were worn and I believe they should refund me as it is under 6 months. I have spoken to ebay but they also refused to take responsibility and actually referred me to Citizens Advice, which I find absolutely ridiculous!! any suggestions of what my next move may be. I am in the process of putting in an official complaint but feel that its not going to get me anywhere. Surely someone has to take responsibility for this  

Comments

  • martindow
    martindow Posts: 10,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How much money is involved?  If it is not too much I would write it off, throw the boots away and regard the money as a donation.  When a charity is involved, I think it is different from a normal transaction.
  • swingaloo
    swingaloo Posts: 3,647 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I would say that it is not necessarily the case that they were 'defective'.

    A lot of shoes/boots deteriorate if not worn, specifically Pavers and Hotter.  If stored and not used the soles rot. It may be the same with M&S boots. We recently went to a wedding and hubby wore a brand new pair of shoes which have been stored for about 3 years and never worn, they were fine all day but when we got home and he took them off the sole on one of them just turned to grey dust. 

    There was nothing to suggest this would happen as they were new and looked perfect when he put them on. 

    Th charity would have no way of knowing how long they had been stored before being donated to them.

    Sadly I think this is a case of just being unlucky as no one is responsible.
  • Exodi
    Exodi Posts: 4,257 Forumite
    Eighth Anniversary 1,000 Posts Debt-free and Proud! Cashback Cashier
    edited Today at 12:04PM
    Quillans said:
    Surely someone has to take responsibility for this  
    I'll play devils advocate here but why didn't you think to try them on for around 3 months?

    While you cite parts of the Consumer Rights Act, I don't think it's so black and white given the goods were used.

    My thoughts are similar to the above, if the value is relatively small, I would consider forgetting about it and considering it a donation.
    Know what you don't
  • se2020
    se2020 Posts: 619 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    The thing to be aware of with ebay is you effectively only have a 30 day guarantee. 

    To be fair to the seller (and ebay) they have no way of knowing if you really have not tried to use them until now or, if you have been mountain climbing every day for the last 3 months and have worn them out.

    I have also had new/unworn shoes fall apart after having them in storage for a while so I wouldn't blame the seller as they must have also looked fine to you when you originally recived them.
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