Another ebay thread

[HungryHippos]

I bought a new, boxed item from Ebay about 5 months ago from an Ebay store. The item was around £150.

The item has a defect, which I have asked the manufacturer about, but the workaround they've offered isn't really acceptable.

I've asked the Ebay seller if they can replace or refund the item, but they've countered to say that it's been more than 30 days so they can only replace it, but they no longer stock the item in question. Therefore they can only offer me a replacement of something else from their store.

I've checked their store, and they don't really sell anything comparative (they seem to sell various items, and change what they sell quite frequently), they sell a lot of stuff but there's not really anything else I want from them.

Given that they can't replace it with a like-for-like replacement, would I be within my rights to request they instead do a full refund?

 

[Semple]

Have you gone back to the seller to say that there are no like-for-like replacements available?

I.e. if you had a faulty TV and they were no longer selling TV's it wouldn't be right to accept an electric toothbrush as a replacement.

You've kept the details vague in terms of what the item is, so can only assume that there are truly no like-for-like replacements rather than something just being similar.

 

[Mcnumpty2323]

Tell them that
And if get no where
Tell them you will have no choice but to escalate it to a dispute
Usually ebay sides with the buyer
My mate has gotten away with some really naughty stuff on ebay
I no longer sell pc stuff on ebay
As if buyer breaks it ebay still made me refund them
Not saying all buyers are dishonest
But it's not worth the risk for me any more
It's buyer collects only now

 

[Haze]

Don't see how you have a leg to stand on after 30 days, would be upto the manufacturer after that, and you are not being very helpful, being so cryptic what the item is.....

 

[HungryHippos]

Have you gone back to the seller to say that there are no like-for-like replacements available?

I.e. if you had a faulty TV and they were no longer selling TV's it wouldn't be right to accept an electric toothbrush as a replacement.

You've kept the details vague in terms of what the item is, so can only assume that there are truly no like-for-like replacements rather than something just being similar.

Didn't want to get bogged down in the details of the item really, not that it's a big secret or anything.

Long story short, it's a robot vacuum cleaner that went for a trip down my stairs (despite the sensors on the bottom being designed to prevent it doing so).

They don't sell any other robot vacs, they only sell wired/handheld ones.

 

[Mcnumpty2323]

If you've owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful
After the first 30 days
If you're outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any faulty goods or faulty digital content which are of unsatisfactory quality, unfit for purpose or not as described.

Tell the retailer whether you'd prefer a repair or a replacement, but bear in mind that it has the final say.

The retailer can also refuse if it can show that your choice is disproportionately expensive compared with the alternative.

If you discover the fault within the first six months from delivery, it's presumed to have been there from the time you received it - unless the retailer can prove otherwise.

During this time, it's up to the retailer to prove that the fault wasn't there at the time of delivery - it's not up to you to prove that it was.

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.

The retailer can't make any deductions from a refund in the first six months following an unsuccessful attempt at repair or replacement.

Unless its a car~which it isnt

 

[Semple]

Didn't want to get bogged down in the details of the item really, not that it's a big secret or anything.

Long story short, it's a robot vacuum cleaner that went for a trip down my stairs (despite the sensors on the bottom being designed to prevent it doing so).

They don't sell any other robot vacs, they only sell wired/handheld ones.

In terms of a replacement from the seller i think that sounds fair enough - you buy a robovac you don't want a manual one.

I would say that back to the seller, you're no longer selling robotic vacuums so there are no replacement options available.

 

[Screeeech]

As above, the seller can't repair or replace it (as it's his right to be given that chance, under consumer law) therefore the only option is a refund.

Quote that line of the consumer law section back at them, see what they say - if they still won't play ball (which they should) then you might wanna get some additional advice.

(Also, I'm not an ebay expert, but don't they have some of this baked into their platform already? for returning faulty goods - can't you just raise a paypal dispute saying the item was defective, then just send it straight back?)

 

[Mcnumpty2323]

As above, the seller can't repair or replace it (as it's his right to be given that chance, under consumer law) therefore the only option is a refund.

Quote that line of the consumer law section back at them, see what they say - if they still won't play ball (which they should) then you might wanna get some additional advice.

(Also, I'm not an ebay expert, but don't they have some of this baked into their platform already? for returning faulty goods - can't you just raise a paypal dispute saying the item was defective, then just send it straight back?)

Not done it recently so may have altered
Used to be if escalated to a dispute
They had x amount of days to reply
If they replied it could drag on
If they failed to reply
You won outright
But as I already said the op is in the right here any way

 

[HungryHippos]

Thanks all, have replied to them via ebay message, will update back here.

I would not raise a dispute without first sending them a message, but it's a useful fall back if they won't play ball.

 

[Mcnumpty2323]

Thanks all, have replied to them via ebay message, will update back here.

I would not raise a dispute without first sending them a message, but it's a useful fall back if they won't play ball.

No that's perfectly fair
I would always talk to them first
And the 30 days mentioned earlier
Is your right to reject
Ie in case you buy something
But it's not opened immediately
Like birthday, Xmas present etc

 

[Hades]

Don't see how you have a leg to stand on after 30 days, would be upto the manufacturer after that, and you are not being very helpful, being so cryptic what the item is.....

The OP does not have a contract with the manufacturer. Assuming the seller is a business located in the EU then they have a duty to resolve the matter.

 

[HungryHippos]

Retailer is saying it's outside the 6 month period, so they can only offer a replacement of something else.

I thought it was within 6 months, but turns out it's just within 7 months (order placed back at the end of June 2019).

My only choice then appears to be to either push the refund request further, or to accept a store credit with the ebay store which I can spend later, but of course there is no guarantee that the ebay store will be around forever.

 

[Martynt74]

Can you not try and return it to the manufacturer for a repair under warranty?

 

[Junglist]

Tell them that
And if get no where
Tell them you will have no choice but to escalate it to a dispute
Usually ebay sides with the buyer
My mate has gotten away with some really naughty stuff on ebay
I no longer sell pc stuff on ebay
As if buyer breaks it ebay still made me refund them
Not saying all buyers are dishonest
But it's not worth the risk for me any more
It's buyer collects only now

Interesting poem. Can't work out the rhyming structure though

 

[Martynt74]

It's something to do with his dyslexia and how he structures posts. I recall him mentioning in another thread

 

[Jono8]

Can you not get a replacement from the manufacturer?

 

[dirtychinchilla]

It's something to do with his dyslexia and how he structures posts. I recall him mentioning in another thread

He said he hadn't noticed I think. Someone else called it a dyslexia workaround. For me, it means that I read every line as a new sentence and there's no flow

 

[Semple]

Retailer is saying it's outside the 6 month period, so they can only offer a replacement of something else.

I thought it was within 6 months, but turns out it's just within 7 months (order placed back at the end of June 2019).

My only choice then appears to be to either push the refund request further, or to accept a store credit with the ebay store which I can spend later, but of course there is no guarantee that the ebay store will be around forever.

I guess this could be a big problem with buying on ebay versus the likes of say buying a robovac from argos/currys. The latter will only stop selling robovacs if the market for them suddenly vanishes.

Have you put the suggestion on the seller on what they suggest the replacement should be seeing as they no longer have robovacs? The fact they no longer stock those types of products is not really your problem.

I think you'll probably need to dig through the minefield of consumer rights legislation to understand what your rights are if the seller can't offer a replacement item after 6 months.

The only issue might be if the seller has the right to offer you a store credit in the event of not being able to offer a replacement. Which as you say, ebay sellers pop up and disappear all the time.

 

[Semple]

Can you not try and return it to the manufacturer for a repair under warranty?

Based on an earlier post, i think the OP said the manufacturer has offered a workaround that he doesn't find acceptable. But could try pushing for replacement with them.

I'm actually curious now what the workaround might be, based on the fact that the drop sensors don't work, if they suggest sticking something up like a baby gate to stop it going down the stairs, then i'd agree that is ludicrous.