Ebay warrantys

ubersonic

ubersonic

ubersonic

Soldato
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26 May 2009
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Hi, this is a simple one, just under 4 weeks ago I bought a used laptop of ebay from a company with good feedback who seemed to specialise in refurbishing this type of laptop among others (they sell a lot of them) and it came with a 14 day warranty. it has now developed a pretty major fault :(

The laptop (Dell XPS M1730) has SLi 8800m graphics cards and the second one appears to have gone west, with SLI disabled it runs fine but if its enabled the laptop crashes either shortly after loading windows or straight away when a 3d game is loaded.

Do I have any ground to stand on with the sale of goods act? (I would prefer it be repaired as I like the laptop). Sorry if it seems like im whining but I didn't realise the warranty was only 14 days at the time I just concentrated on the returns accepted bit. And tbh I think its pretty reasonable to expect a £600+ laptop to last more than 4 weeks.

Thanks for any advice
 
From what i remember the SoGA over rides any "14 day cover" claims they make. Being a second hand item you need to be prepared to lower your expectations about how long the item will last, but i think 4 weeks is a bit too low if you know what i mean.

Chase the seller directly, if they stonewall you go the paypal route.
 
eatcustard said:
item number is ......
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350390029420

droyden said:
I assume there is no warranty direct with Dell?
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Nope

SB118 said:
From what i remember the SoGA over rides any "14 day cover" claims they make. Being a second hand item you need to be prepared to lower your expectations about how long the item will last, but i think 4 weeks is a bit too low if you know what i mean.
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Yeah I know I wasn't expecting it to outlive me but I wasn't expecting it to break within a month of ownership either...
 
was it a proper ebay shop? check if they have an actual website and check there to see if theres a phone number or email address on there

edit: was it by any chance UK Laptops Limited? if so they have a phone number : 08443 573 543
 
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SoGA will only apply if it is a "consumer sale". A routine transaction with a webshop would be. A routine eBay sale between individuals would not be. You're in a grey area, but as it's a business using eBay then you should be able to argue that SoGA does apply.
 
vonhelmet said:
SoGA will only apply if it is a "consumer sale". A routine transaction with a webshop would be. A routine eBay sale between individuals would not be. You're in a grey area, but as it's a business using eBay then you should be able to argue that SoGA does apply.
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It does. If it is a business registered seller under a Buy It Now it is covered by all the consumer laws.
 
raikesi said:
was it a proper ebay shop? check if they have an actual website and check there to see if theres a phone number or email address on there

edit: was it by any chance UK Laptops Limited? if so they have a phone number : 08443 573 543
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Yeah its an actual business, they sell items on their website as well as ebay but I chose to get one through ebay cos I thought using paypal would protect me better than just buying on-line with a debit card. according to their site http://www.mcscom.co.uk/termsconditions.htm they would have given me 30 days warranty if I had bought it from the site but only 14 as I bought it from their ebay shop >.>

*edit*

On their site they actually appear to offer a 1yr warranty for the laptop type I bought, this one was the same price: http://www.mcscom.co.uk/product.php?xProd=12453 and is identical baring a slightly different CPU (200mhz slower than mine)
 
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OK guys got this reply from them today:

Hi

Sorry this auction finished on the 2nd October with a 14 day warranty so is not under warranty now. We can have a look at the video card for you but there will be a charge for the repair.


Many Thanks
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Well, I guess they are not going to be amicable about it, Can somebody tell me what kind of reply I should send? I know its out of their 14 day warranty but I am right in believing I should be covered under sale of goods act yeah? Its supposed to work for a reasonable amount of time and as they sell the same thing on their website for the same price and it has a 1 year warranty it be unreasonable for mine to die after just over 3 weeks of use :(

HELP! :(
 
As an individual dealing with a business, you cannot sign or agree to a contract that removes your statutory rights in law under the Sale of Goods Act or any other related laws. You always have your statutory rights (fit for purpose, of satisfactory quality, etc) PLUS other rights (perhaps a product specific warranty), you can never lose the SoGA rights.
 
But does SOGA cover 2nd hand goods?
if so he needs to replay stating what it says.

right it does indeed, however how old is the laptop, if it is older than 6months you are going to have a hard time, as you have to proof teh fault was inherent.
 
eatcustard said:
OP

talk to CAB
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TY, I looked on their site and found the following for auctions:

Auctions
Second-hand goods
If the seller is a trader, you will have the same legal rights as if you bought the goods in a shop - see under heading Your legal rights when you buy goods.
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then this:

Second-hand goods
If the goods you bought from a trader are second-hand or seconds, you still have all the same rights as if the goods were new – see under heading Your legal rights when you buy goods. However, if something goes wrong, you will need to take into consideration the price you paid for them when deciding whether you expect the trader to put things right. You should also not expect the goods to be of perfect quality, and have lower expectations of their performance.
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Now I paid less than the original retail cost (when the item was new and in production), but almost the same price that they sell the item for on their website with 1 yr warranty. considering that my complaint of it dying after just over 3 weeks of use seems valid but the CAB site only tells meof my rights not what to do about them, should I contact the seller again quoting the law or simply open a dispute via paypal?

TYVM
 
I would put forward your case one more time to them, I would try to be as reasonable as possible (don't start threatening, but just try to explain to them your position and ask them to look at the situation from your perspective - i.e. "How would you feel if you bought a laptop and it broke after three weeks? I know that your warranty says 14 days, but this is not enforceable in any way under law - I'm covered by the SoGA and the goods must be of satisfactory quality, which they are not. I'm not asking for a refund, I'd just like the laptop that I've paid for to work properly.") You can then go on to say that if it can't be resolved satisfactorily then you will have no other choice but to file a dispute.
 
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