Ebay refund on faulty goods

Quillans

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  

martindow

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

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

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.

se2020

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.

MiserlyMartin

eBay’s 30-day return window does not override our statutory rights under UK law. Under the Consumer Rights Act 2015, goods must be of satisfactory quality, durable, and fit for purpose. What was it Martin Lewis said? SAD FART: 

• Satisfactory Quality: The item should be of acceptable quality, considering its description and price.
• As Described: The product must match the description provided by the seller.
• Fit for Purpose: The item should be suitable for the purpose it was intended for.
• Last a Reasonable Length of Time: The product should be durable and function properly for a reasonable period.

Though I think this has been updated by the Consumer Rights Act 2015

I am pushing ebay and a seller on there myself on faulty goods which failed after one use and after 34 days after the sale.

savergrant

Were the shoes listed as 'new' or 'used'?
I know a number of charity shops which sell new and donated goods side by side but with different consumer rights.

soolin

MiserlyMartin said:

eBay’s 30-day return window does not override our statutory rights under UK law. Under the Consumer Rights Act 2015, goods must be of satisfactory quality, durable, and fit for purpose. What was it Martin Lewis said? SAD FART: 

• Satisfactory Quality: The item should be of acceptable quality, considering its description and price.
• As Described: The product must match the description provided by the seller.
• Fit for Purpose: The item should be suitable for the purpose it was intended for.
• Last a Reasonable Length of Time: The product should be durable and function properly for a reasonable period.

Though I think this has been updated by the Consumer Rights Act 2015

I am pushing ebay and a seller on there myself on faulty goods which failed after one use and after 34 days after the sale.

Whilst your rights cannot be over ridden by eBay the way you sort it out can. You have not lost your right to take this further by taking a legal route , starting with a LBA , so google LBA and go from there. 

RFW

savergrant said:

Were the shoes listed as 'new' or 'used'?
I know a number of charity shops which sell new and donated goods side by side but with different consumer rights.

I doubt we'll find out as the OP was in November and that was their only post.

Even if technically new they shouldn't be described as such if they're marked as M&S and not sold by them. It's conceivable that the charity would receive a donation of shoes from M&S but even then they'd still need to be sold as seconds. If they were listed as new then the charity was probably in the wrong to do so but they're often listed by volunteers and, as buyers, we should probably be aware they can make mistakes. It does seem a bit off to be going after a charity 3 months after a purchase. 

soolin

RFW said:

savergrant said:

Were the shoes listed as 'new' or 'used'?
I know a number of charity shops which sell new and donated goods side by side but with different consumer rights.

I doubt we'll find out as the OP was in November and that was their only post.

Even if technically new they shouldn't be described as such if they're marked as M&S and not sold by them. It's conceivable that the charity would receive a donation of shoes from M&S but even then they'd still need to be sold as seconds. If they were listed as new then the charity was probably in the wrong to do so but they're often listed by volunteers and, as buyers, we should probably be aware they can make mistakes. It does seem a bit off to be going after a charity 3 months after a purchase. 

Yes it was bumped by another poster adding to the thread.