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eBay returns advice on faulty shiz

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garth
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PostPosted: 18:33 - 19 Mar 2019    Post subject: eBay returns advice on faulty shiz Reply with quote

I bought myself a quickshifter.

Doesn't work.

Messaged seller, who advised me to go to the manufacturer.

Manufacturer replied saying send back for an exchange under warranty to seller.

Lost faith in product, want a refund. Opened returns case on eBay, have label to send back.

Seller is saying they won't accept it as it's been opened. They will only offer a partial refund for the faulty module despite the fact I bought it as a whole. They'll swap the unit, but I've lost faith in it, and would prefer a refund.

I call BS so phoned eBay who have said send it back and they will make sure I get a refund, within 48h of the tracked parcel arrival. eBay are aware it's been opened, otherwise how would I know it wasn't faulty?

Seller maintains that they will send it back to me...

The seller is maintaining that I've been misinformed, but surely returning a faulty item for a refund is reasonable?

Paid by PayPal, planning on sending tomorrow, but don't want to end up with no product and no cash..!

Quote:

I am very sorry but ebay have given you incorrect information, if you want to continue with the return that's fine but we will send you back item that is ok and we will test the faulty one, if it works then we will send you the rest back, or as per previous message we can continue with the faulty item exchange

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Ste
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PostPosted: 19:11 - 19 Mar 2019    Post subject: Reply with quote

Go with what eBay are telling you.

Keep in contact with the seller and eBay about it.

"Seller maintains that they will send it back to me...

The seller is maintaining that I've been misinformed, but surely returning a faulty item for a refund is reasonable?"

Phone eBay and express your concerns about what the seller is saying.
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weasley
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PostPosted: 19:33 - 19 Mar 2019    Post subject: Reply with quote

Consumer Protection Act, innit.
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NeverAgain
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PostPosted: 05:35 - 20 Mar 2019    Post subject: Reply with quote

According to Which, it depends on how long it's been.
Which wrote:
Your 30 day right to return

You have the legal right to a refund if you return your faulty good within 30 days of receiving it, regardless of what the store's return policy says.
Your consumer returns rights after 30 days

If you don't reject the goods within the first 30 days, and find a fault within the first six months of possessing your faulty goods, you'll need to give the retailer a chance to make a repair or replacement. If that's unsuccessful, you can then ask for a refund.


https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights

eBay may well decide to refund you the full amount anyway. Last time I had this situation I ended up with a working product and a full refund due to sellers stubbornness.
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MarJay
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PostPosted: 09:06 - 20 Mar 2019    Post subject: Reply with quote

Sale of goods act, says that your product has to be fit for purpose for a reasonable length of time, and be without defects. The contract of sale is with the seller, and you've given them an opportunity to resolve the issue. I think you are perfectly justified to demand a refund.
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LustyLew
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PostPosted: 10:06 - 20 Mar 2019    Post subject: Reply with quote

Is the seller private or business?

CPA doesn't apply to private sales, but eBay T&Cs might well still offer protection if the item was sold as 'working'.
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garth
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PostPosted: 10:51 - 20 Mar 2019    Post subject: Reply with quote

Business seller, within 30 days.

To be fair, they've offered a replacement unit (one part of the product) but I honestly have lost faith in the product hence preferring a refund.

What about if I return through eBay and they send it back claiming it not to be faulty? That's my concern here. I guess or hope eBay will fight my corner as they agreed with me on the phone.
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Baffler186
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PostPosted: 11:42 - 20 Mar 2019    Post subject: Reply with quote

Similar thing happened to me (albeit was a £20 e-cig). Arrived, didn't work, messaged seller (business), seller said no refund because open and used (how else do you test it?). He wanted to test it himself and send a replacement battery. I said no, I'm not sodding about with bits, I just want a full refund because it doesn't work.

No more contact from seller so I got e-bay involved. Provided receipt from postage (not tracked) and I had a refund within half an hour.

As far as I understand it, if it's faulty and within 30 days then you get a full refund and don't have to pay return postage. Sellers will always try it on with partial refund, you pay for postage etc but the law states if it's faulty you should not have to pay return charges. Nor must you accept their offer of replacement parts if you just want a full refund.

IME e-bay always side very well with buyers
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Ste
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PostPosted: 14:37 - 20 Mar 2019    Post subject: Reply with quote

This isn't to with the Consumer Protection Act or Sales of Goods Act, it's all about the eBay Money Back Guarantee which is far easier.

https://pages.ebay.co.uk/ebay-money-back-guarantee/

"What about if I return through eBay and they send it back claiming it not to be faulty?"

Phone eBay and ask them.

As to whether eBay side with buyers, IMO a lot of it is about being seen to be engaging with the buyer and eBay. They've sided with me when buyers have been being derps, you ask questions to the buyer using the eBay resolution centre and if the buyer gives less than complete replies then that goes in your favour.

Any problems as a seller and you think the buyer is taking the price, you phone eBay immediately because they don't like buyers trying to abuse the money back guarantee. They hear your side of the story first and you're the good guy proactively trying to resolve the problems.

Phone eBay with your questions and get the item posted today. Getting it posted ASAP strengthens your position.
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garth
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PostPosted: 16:29 - 20 Mar 2019    Post subject: Reply with quote

I phoned them yesterday, and it's in the post now, in original packaging. They're aware of the sellers reluctance to refund.
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Sister Sledge
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PostPosted: 22:44 - 20 Mar 2019    Post subject: Reply with quote

I've never ever had a problem with eBay and the guarantee. To be fair they're rapid with settling things.
When you mentioned how the seller is behaving I gasped. It's bad enough when something is faulty but for them to be them misleading you and attempting to nobble the eBay guarantee system? EBay will make a note of that sellers behaviour..
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McHattrick
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PostPosted: 09:02 - 21 Mar 2019    Post subject: Reply with quote

garth wrote:
I phoned them yesterday, and it's in the post now, in original packaging. They're aware of the sellers reluctance to refund.

I recall (many years ago) reading about a case where a judge ruled in favour of a buyer that the packaging is not part of the item you purchased.
Think the seller is trying a fast one and hopefully will see sense and back down.
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J4mes
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PostPosted: 09:39 - 21 Mar 2019    Post subject: Reply with quote

I've always returned faulty items without packaging. Be it from Ebay or shops. Sure if its unused and you change your mind it needs to go back as bought, but if its faulty what does the packaging matter?

Brb got a 60inch TV with a 5 year warranty, fridge freezer with 3 years, washing machine with 7 years.....where the fuck are you meant to keep all the packaging?
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Baffler186
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PostPosted: 17:40 - 21 Mar 2019    Post subject: Reply with quote

J4mes wrote:
Brb got a 60inch TV with a 5 year warranty, fridge freezer with 3 years, washing machine with 7 years.....where the fuck are you meant to keep all the packaging?
Agree. I bought a cheap smart TV last year, 12 months warranty. It was so slow that few of the "smart" features worked at all. Not fit for purpose, so I wanted to send it back. The seller said they would only refund if it was in the original box. I could have stood my ground, but I settled for £25 back and just bought a firestick.
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