not another Ebay thread...

jcr

jcr

jcr

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looking for some advice from those who know better than me.

i purchased a Parkside circular saw, which is Lidl's own brand of tools, advertised as brand new. at a cost of £60+ £7 delivery. so similar to Lidl's own price i imagine?
it was delivered 14th July, and was indeed new and unopened.
i used it for the first time this Wednesday(11th Aug). and it worked fine for the life of one battery.
i charged the battery and when i went to use the saw the next day, it no longer worked.
battery is fine and working with other tools, i also tried another battery.

i messaged the seller yesterday and got this reply-

Hello, I’m sorry to hear your saw as become faulty, unfortunately these were a one off purchase and I have no replacements plus the return window as now passed, regards

i believe Parkside tools come with a 3 year warranty(with proof of purchase receipt) when purchased from Lidl.
am i being unreasonable expecting a refund/replacement.
am i legally entitled to a refund?

thank you, J
 
Go through eBay's procedures. You've tried the informal route, now for the formal. I'd go for a refund in this instance if it's the same price as buying from Lidl.

They'll side with you as there's no way in heck that should fail so soon.
 
hughtrimble said:
They'll side with you as there's no way in heck that should fail so soon.
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this is how i was thinking. it is unfortunate for the seller though. i wouldnt be surprised if they think im trying to con them, being as its Ebay.
 
jcr said:
from a random seller. with good feedback(1102).
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If you've just bought a second hand (albeit new condition) item from someone, I don't think you have a leg to stand on 'legally'. They don't owe you a warranty, that's why second hand stuff is (or should be) cheaper.

You could ask if they have their original proof of purchase that might allow you to use the manufacturer warranty.

eBay would probably side with you anyway though, because eBay. Bit crap for whoever sold the item to you in good faith though.
 
Kenai said:
If you've just bought a second hand (albeit new condition) item from someone, I don't think you have a leg to stand on 'legally'. They don't owe you a warranty, that's why second hand stuff is (or should be) cheaper.
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but it was sold as brand new unused, not second hand.
 
jcr said:
but it was sold as brand new unused, not second hand.
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Irrelevant if you're just buying it from some random person selling it because they've decided they don't want it or whatever.

If you want a warranty and consumer rights, buy your stuff from shops where you get those rights.
 
Personally I’d try and ask the seller to help you get it replaced.

Having said that, with it being an own brand product you may have luck just taking it to a local store.
 
A circular saw is literally just a battery, a switch and a motor. I'd suggest taking it apart and looking for loose connections, you may find that this is a very easy fix (in fact I'd say it's very likely).

It's certainly a lot easier than the usual Ebay dance. Failing that, pursue it with them.
 
Lakeland said:
Having said that, with it being an own brand product you may have luck just taking it to a local store.
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Id be tempted to box it back up and walk into Lidl and say you bought it a few months ago, but lost the receipt. It's the easiest option and you might get lucky.

Failing that, see whether the seller can get an exchange based on a bank statement or something.

Buying from an individual is not the same as buying from a shop, irrespective of whether it's labelled as "new". Though with eBay/PayPal, it's like the wild west, so you'll probably win a dispute lol
 
Raise a case with ebay saying it’s faulty and the seller then will need to send you a return label for postage to send the item back. The seller then checks the item over and as long as it’s got no signs of damage you should be refunded in full. The seller will then need to take it back to Lidl and get a replacement.
 
What are consumer rights for buyers?
The Consumer Rights Act 2015 does not apply to private sellers, and a buyer's rights are significantly reduced when a sale is carried out between two individuals. The law does state, however, that:

  • the seller must have the right to sell the item in question (meaning they are the owner, or have permission from the owner to sell the item)
  • the goods must match their description and the photograph used
Not only do the laws above protect you from stolen our counterfeit goods, they also enable the buyer to raise a dispute if an item is sold as something it's not. Buyers should pay great attention to an item's description - which can range from a simple picture to details provided by the seller themselves.

For example, if you purchase a bedside table from a private seller and it arrives with scuffs and marks on the surface, your rights will vary depending on the description given.

Goods from private sellers do not have to be fault-free, and if the marks were clearly mentioned by the seller or visible in a photograph, then unfortunately you have no case. However, if the bedside table was advertised as 'good as new', for example, you have the right to ask for a refund or compensation.

If very few or no details are provided by the seller, be wary. Misrepresentation is illegal, but a lack of information isn't. Either arrange to see the item in person, or ask for further details before taking the purchase any further.

Products sold with a manufacturer's guarantee

If you receive a manufacturer's guarantee with an item purchased from a private seller, it's likely to be invalid. Check with the manufacturer in question first, but most guarantees usually only apply to the initial buyer.
 
Diddums said:
A circular saw is literally just a battery, a switch and a motor. I'd suggest taking it apart and looking for loose connections, you may find that this is a very easy fix (in fact I'd say it's very likely).

It's certainly a lot easier than the usual Ebay dance. Failing that, pursue it with them.
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I wouldn't recommend this. I saw a film once, despite the saw being unplugged, it came to life as it didn't want the owner repairing it and it went on the rampage with very gory results.
 
rayraydj said:
Ebay's moneyback guarantee policy is 30 days, it's been 31 days since the item was delivered so afaik eBay unfortunately won't help you.
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Not to sure about this, years ago sold my graphics card on there, 5 months later a case was opened against me as item faulty.

Of course eBay sided with the buyer and no amount of complaining changed it.

EBay took the money and I did receive the card back which was faulty but had been used for nearly half a year.

Only buy and sell low value stuff on there now not worth the hassle.
 
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