Repair under warranty - what if discovered counterfeit or refurbished by unauthorised party?

Floppyfroggy

Hi all

I purchased a used Dyson airwrap for around £400 from eBay, from a seller that has 99.8% rating from almost a million items sold, so I assumed they were a reputable seller. I paid via PayPal which took payment from my credit card.

The airwrap is one that connects to the MyDyson app, which it still does successfully, ​and when the airwrap is working, the app correctly identifies which attachments are connected. I (perhaps naively) assumed this confirmed it was genuine, but can fakes also connect to the app and identify the attachments correctly?

It arrived less than 2 weeks ago. A week ago I started having issues with it, red flashing lights and not powering on. I contacted Dyson who agreed to repair it for free under warranty based upon the serial number (apparently it was originally purchased about 6 months ago) and me telling them it was received as a gift. But then it started working again just as I was speaking to them so I didn't finalise the details for the repair.

It has since stopped working entirely, with the three red flashing temperature lights returning. It has been three days now and still not come back to life.

I contacted the seller to ask if they can assure me​ it's not going to be found out of warranty before I send to Dyson for repair, as I don't want to be charged any fees by Dyson. They have not responded to me and it's been three days.

What's my best play of action here? I understand I need to move quickly before my 30 days​ buyer protection expires.

- Do I send to Dyson, and hope it's genuine and under warranty and repaired for free? What if Dyson find it's counterfeit, been refurbished by an unauthorised party, or otherwise no longer under warranty? Will they charge me any fees for the inspection or return of the device? Will they repair it if the airwrap is genuine but been repaired by unauthorised party or with non-genuine parts?

- Do I ask eBay to step in?

- Do I get PayPal involved? Apparently, Section 75 of the Consumer Credit Act may not cover purchases made via PayPal because it breaks the direct legal link between the credit card issuer and the retailer. Does anyone know if this is always the case or just sometimes the case?

Please no hate or telling me not to buy Dyson products from eBay, I understand it was dumb and I've already learnt my lesson, thank you!

Any help and advice is greatly appreciated!!

mta999

If it were me I would do an immediate eBay return with the reason 'item not as described - faulty'

MyRealNameToo

When bought on eBay was it listed as brand new? Used? Nearly new?

Other than its broken you've no indication that there is anything untoward, typically manufacturers won't just charge you for a repair but at most will charge you for the return of the goods if its not covered and you dont want to pay for the repair.

Floppyfroggy

https://forums.moneysavingexpert.com/discussion/comment/81990071#Comment_81990071

Thanks for the advice. The reason I'm considering sending to Dyson for repair is that it would cost £580 for the same device, so if it's genuine, I'd definitely prefer to only pay <£400 for it 😅 though perhaps I just need to return it and forgo my dreams of having the latest airwrap

Floppyfroggy

https://forums.moneysavingexpert.com/discussion/comment/81990075#Comment_81990075

Hi, thank you for your reply! The item was listed as used. The reason I am unsure if it's genuine is that it was about £200 cheaper than it would have been new, plus they have sold many of the same item (although all with different pictures and serial numbers) and they haven't responded to me in three days.

Hoping to have solid confirmation of the exact charges Dyson may impose so I can make an informed decision for next steps, as I've read that there have been "inspection fees" charged in the past, but not sure if that's still the case or ever been the case in England. Thanks!

soolin

If you opt to try for a repair then you’ll close your option of involving the seller later. Personally I’d open a return while you are still in time and not risk it either being a fake, un reliable or unrepairable.

QrizB

Your consumer rights are with the seller.

Anything that Dyson offer under their warranty terms is additional to those rights.

If it were me I would do an immediate eBay return with the reason 'item not as described - faulty'

I'd be doing that too.

Okell

@Floppyfroggy: if you contact Dyson for a repair and they find it's counterfeit - I doubt you'll be getting it back at all. If it infringes their IP rights they'll be entitled to keep it and destroy as it shouldn't exist and you shouldn't have it.

Go back to the seller under the Consumer rights Act 2015 as not fit for purpose. (If they've sold a million items they must be a trader and not a private seller…). Tell them you are exercising your short-term 30 day right to reject for a full refund.

Whether s75 applies to PayPal payments see the MSE guide: Is Paypal safe to use on a credit card? - MoneySavingExpert

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81990102#Comment_81990102

"they have sold many of the same item (although all with different pictures and serial numbers)"

And who do you think would GENUINELY have large quantities of Dyson Airwraps to sell? As it has failed so quickly then at best these are refurbished products that have previously failed rather than counterfeit?!

A warranty is generally only transferrable for Dyson with the original proof of purchase, so did the eBay seller also send the receipt?

I would immediately OPEN an eBay dispute for item not as described, then state it is faulty, and return it tracked for a full refund.

It is not worth risking sending it to Dyson just in case it is counterfeit, as then you will have no money and no goods.