Another ebay thread

HungryHippos · 22 Jan 2020 at 15:39

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?

HungryHippos · 22 Jan 2020 at 16:05

Semple said:
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.

HungryHippos · 22 Jan 2020 at 16:35

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.

HungryHippos · 23 Jan 2020 at 11:15

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.

HungryHippos · 23 Jan 2020 at 12:02

Semple said:
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.

Yes they suggested physically blocking the stairs, not with any particular suggestion like a gate, but if my old Roomba never fell down the stairs, this new one shouldn't either really.

Marvt74 said:
Must've missed that, i've only read contact with the retailer.

I assume the manufacturer is Chinese (Xiaomi/Eufy etc) and so postage would be hefty for any warranty replacements, which i presume the OP wants to avoid.

Yep, Eufy.

HungryHippos · 23 Jan 2020 at 13:36

sanaxe1 said:
You will not be able to open a dispute with ebay after 5 months. You would however be able to open one with paypal as they give upto 6 months.

Been almost 7 months unfortunately!

HungryHippos · 23 Jan 2020 at 17:51

jpaul said:
if the manufacturer acknowledged it is a defect , can't you just tell/show the seller that, and demand your consumer~~human~~ rights refund.
but why did it only happen 7 months in, and not sooner ?; you have had some use though, so expect wear&tear deduction.

you've sent them pictures - it is damaged ?, otherwise, it sounds more resilient than bots used in fukushima.

Had a house move in the middle of that with some Reno work (all done now) so it didn't spend much time being used really.

Seems to still work ok to be fair!

HungryHippos · 24 Jan 2020 at 11:25

So after I suggested a full refund, they countered with this:

It was quite a while ago that we did our research into consumer law, and we did it by contacting them by telephone. We've had another look and we don't seem to find much specific information of what is available after the 6 month period has passed. We managed to ascertain the following:

"141. After the first 6 months, the trader may apply a deduction to the refund to account for the use that the consumer has had."

This can be found here:

http://www.legislation.gov.uk/ukpga/2015/15/notes/division/3

So essentially we have the right to deduct an unspecified amount to cover the time that you used the product without issue. Also, we have the right to demand that you prove that the fault was not caused by yourself, essentially you'd need Eufy to confirm in writing that your product faulty through no fault of your own. You can find this information here:

https://www.gov.uk/accepting-returns-and-giving-refunds

Due to all of the above, I feel that allowing you to use 100% of the funds on an alternative product is actually more than what we're required to offer. If you don't wish to take us up on this offer, we can offer you a further two options:

1) Return the item for a partial refund of 50%(GBP 79.99).
2) Keep the item for a partial refund of 20%(GBP 31.99).

Please let us know how you'd like to proceed.

I then said:

Hi George,

I believe the partial refund mechanic is predicated on you successfully having attempted to replace the item once, as things stand today this has not been possible as you presumably do not carry stock of the same routinely. Beyond this, a partial refund would normally be pro-rated against time served and the reasonable life expectancy of such a device, I do not believe that a 50% arbitrary value would be considered fair after 7 months of use.

Regarding the fault, I do not believe that anyone will agree that it's normal for the robovac to throw itself down the stairs. I may have picked up on the fault sooner had I not been in the middle of renovating my house after completing a move. The robovac has seen light use as a result.

Due to the above, I am still seeking a full refund on this.

They then said they can't do anything other than what they have already offered.

Next steps? I am considering going straight to credit card claim with Amex, as it was purchased via Ebay/Paypal but backed by my Amex card as the payment method. Following the letter of the law I think they need to either replace the item, or refund it. I could dispute with Ebay/Paypal but I think they won't care much if it's beyond 6 months.

They can't replace it, so I don't think they can attempt to put on conditions around how much they will refund, or the method by which they will apply the refund.

They've also offered 100% refund as store credit, so they are now offering less conditional upon the method by which I accept the refund. I don't think this puts them in a good position as it shows they are happy to refund more if the method suits them.

Thoughts?

HungryHippos · 24 Jan 2020 at 15:13

jpaul said:
I've never read the thread on robovac's, but find it difficult to believe stairs are not a known liability, for any brand (colour/texture of carpet playing into problem)

... apart from the fact you'd have to pay for return postage too - how much ?
I'd consider their 50% offer, and ask them to make it 75% if they inspect the item and cannot provide picture evidence that you have damaged it.

They have sensors on the bottom that are meant to stop them going over the edge, my old Roomba never fell down the stairs and that is some years old at this point (read: it's very basic).