Ebay Advice

theboyrob

theboyrob

theboyrob

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Joined
16 Dec 2003
Posts
1,586
Location
Halifax , UK
I bought a car cd radio a few weeks back and on fitting it the cd mechanism doesn't work and therefore it won't load any discs. The item was bought on the 07/06/2011 and arrived the following week. I have emailed the seller (21/06/2011) to try and get a refund and this is her response (which arrived 27/06/2011):

I have spoken to e-bay to find out where i stand as I have never had anything returned as said was damaged. They said that due to the length of time from buying it to saying it was broken is a little long. The stereo was in perfect working order when i sent it and I cant understand how it could have got damaged as I packed it really really well. E-bay said i can either refuse refund, refund or offer to pay for it to be fixed. I would glady pay for it to be fixed and i will pay for it upon reciept of bill.

Surely its her responsibility to get the item repaired?
 
Ummmm, you will probably win if you put in for a paypal dispute. Don't go through ebay...

Maybe a few more comms stating that you had no real chance to test the device until recently and would she consider giving you a full refund if you send the item back? If not, dispute, DISPUUUTTTEEEEEEE!

ags
 
at least they are offering you something rather than telling you to bugger off, was it expensive or a cheapo one? if its a really expensive one it may be worth getting it repaired, but if its a cheap one get a refund, just explain you didnt have the time / money to get it fitted until say, the day you e-mailed them, as they need to be fitted by a professional, wether you did that or fitted it yourself, just say that you had halfords or something fit it only to discover it was fubar'd, they should have no choice but to refund you
 
considering her very reasonable responce I would bung it in the bin a buy a new one.... but then I don't need £60....

had she refused to pay I would try and claim via paypal to spite her...
 
As above, is she trading as a business seller on eBay? Makes a difference as to what terms will be implied into your contract.
 
Probably best take what she is offering or open a PayPal dispute then. The usual Sale of Goods Act provisions as to satisfactory quality under s.14(2) and consumer rights to repair/replacement inter alia under s.48 do not apply here. You might have some other legal claim depending on the contract you made with her or by arguing it was a breach of s.13 sale by description, but it is not straightforward.
 
i think she could be lying. according ot ebay no amount is to long if you paid on the 7th and it arrived on the following week then you only had a few days to fit it and test it.. things have changed quite a bit on ebay and ebay 99% of the time side with the buyer. ive sold a phone and after 33 days buyer opened a case and won saying ' turns on gets white screen'

its up to the seller to prove it was working before they send it off.

If you open a case 99% you will win. also there is no gurantee she will pay. remember after 40 days has past you cant do anything so act now. open a case
 
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