What are my Ebay/buyers rights please?

SexyGreyFox · 25 Mar 2010 at 19:06

OCUK don't sell these so I think I'm OK.
I wish they did then I wouldn't have to put up with this crap.

Here's the item in question - http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=140391400615

It arrived on Saturday and I realised it wasn't working yesterday so I sent the seller a message asking how I can replace it.
This is the reply -

Dear dmpoole,

All the memory sticks are checked before sent, my advert states you have 3 working days from when you recieve your item to send it back to me. it has been longer than that.

Where do I stand?

Thanks

JBuk · 25 Mar 2010 at 19:07

Start a dispute

mame · 25 Mar 2010 at 19:13

It will be a copy. I bought a memory card off ebay a few years ago for a mobile phone. The 1st one they sent just didn't work in anything. The 2nd one would work to a point and then decide to scamble everything into hundreds of files.

d_brennen · 25 Mar 2010 at 19:13

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Point him to this site and tell him to wise up. As above start a dispute in eBay and raise it to a claim if needs be. I know he isn't a business but you have a strong case with eBay/paypal

kylew · 25 Mar 2010 at 19:15

Point out to them that it has in fact been 3 working days since you contacted them.

Saturday and Sunday don't count, only Monday, Tuesday and Wednesday.

Complain to eBay about it, they should sort it out for you.

SexyGreyFox · 25 Mar 2010 at 19:25

Thanks

Beans on toast Dave · 25 Mar 2010 at 19:27

i would start a dispute with paypal, clearly a fake item

i wonder how long it takes for him to start getting messages from members here?

lakitu · 25 Mar 2010 at 21:37

And don't forget to keep us informed.

gr0d0n · 25 Mar 2010 at 22:18

Like others have said start a dispute. I had to do this once and got it resolved in a couple of days.

One thing I would add, Given his response I'd get a refund rather than a replacement and buy from somewhere else or another seller, I think it will just be more hassle when he sends out another broken/fake card.

cheers,

Gordon

[TW]Fox · 25 Mar 2010 at 22:20

Paypal will rule it as described becayse 'It may or may not work'.

SexyGreyFox · 25 Mar 2010 at 22:30

[TW]Fox;16233662 said:
Paypal will rule it as described becayse 'It may or may not work'.

Where does it say that?

brummie · 25 Mar 2010 at 22:32

Return policy
You can return your item within 3days on you reveving it, hear i can offer a full refund of replacment.

Sounds like a classy seller

[TW]Fox · 25 Mar 2010 at 22:38

dmpoole said:
Where does it say that?

It doesnt, but they are a law unto themselves

SexyGreyFox · 25 Mar 2010 at 23:58

This is embarrassing, it's not like me to get stung like this and I usually read things very carefully.
I must be getting old.

mame · 26 Mar 2010 at 05:09

Examine the memory card and do a bit of googling. There are tell-tale signs that cards are fake. Also the wording of the advert, well it says Sony and he hasn't sent you a Sony memory card.

Pestilence · 26 Mar 2010 at 05:16

Check against the online fake checkers.

His feedback seems decent, though. However, if you paid by Paypal you can always start a dispute. Three days is a ridiculously short amount of time to offer a warranty.

SexyGreyFox · 26 Mar 2010 at 08:42

It does look pretty good.
Where are the online fake checkers please?

Moley · 26 Mar 2010 at 09:39

I suspect ebay must be taking these fake memory cards seriously judging by this page:

http://reviews.ebay.co.uk/Is-your-Sony-Memory-Stick-Duo-Pro-fake_W0QQugidZ10000000005146755

This might help too:

http://forums.afterdawn.com/thread_view.cfm/324446

inflynx · 26 Mar 2010 at 09:54

dmpoole said:
All the memory sticks are checked before sent

How do they check them if they are new and sealed?

oneale90 · 26 Mar 2010 at 10:03

inflynx said:
How do they check them if they are new and sealed?

By magic?