When is moneyback guarentee not moneyback guarentee

[richardculver]

I bought a large and expensive power tool from an eBay vendor (petrol powered tracked mini barrow, £1400).

It has some significant design issues which render it unsafe and not fit for purpose.  In addition, it intermittently doesn't work.

on the listing, under item description it clear states (in the refund section) that the item is sold with benefit of eBay moneyback guarentee.  This is one of the reasons I bought via eBay as I value this protection.

i requested a refund via eBay customer service and was told moneyback guarentee does not apply.  Apparently there was no "badge" on the listing and does not apply anyway for petrol tools over 50cc.  I was informed the seller had made error in their description but ebay would not step in.

this doesn't seem right to me - the average buyer does not know to look for the absence of a badge or trawl the fine print to determine if moneyback guarentee applies.   If it is stated in the description, I feel it should honoured by eBay to protect purchasers (and eBay take it up with vendors).

as it stands, I have no recourse against the vendor other than my standard consumer rights, which can be difficult and time consuming to reach a resolution if the vendor won't play ball.

it seems vendors can include misleading info in their ads and eBay will do nothing.

[jckl1957]

What was the item number?

Most items are genuinely covered.  Was this listed as a motor vehicle?

When did you receive the item and how did you pay?

Lots of questions but the only purpose in asking them is to try and help you.

[richardculver]

Hi there

Thanks for replying.  The item is 175563044703 and it is listed under construction tools.

many thanks

[plum993]

Looking at the item, it isn't covered under the ebay money back guarantee,but the seller is a Business seller so either contact citizens advice,or your payment provider who can sort a section 75 claim to recover your money if you paid by card.

[richardculver]

Hi there.  My point is the ad clearly states that it IS included in eBay moneyback guarentee.   So they should, in my opinion, honour it and penalise the seller for a misleading ad.  Otherwise what's stopping sellers writing any old misleading guff on items which fall outside moneyback guarentee? 

[*vyolla*]

@richardculver 

How did you pay?

[plum993]

Nothing to stop you contacting ebay about the misleading description,but to be fair not a lot they can do about it.Best to use the feedback option to let other know the "listing description was not within ebay policies"

Report an issue with a seller | eBay

https://www.ebay.co.uk/help/eua?id=5275&mkevt=1&mkpid

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[richardculver]

Paid via PayPal so I guess I can take it up with them.  Not really the point though.

[jckl1957]

The seller has a 30 day return policy - did you try to open a return within the 30 days?

You would have to arrange and pay for the item to be returned.

I have looked at the details of the sale and the MBG sign is not on the right hand side, where it should appear.

Also, Industrial construction machinery is excluded from the MBG.

[richardculver]

The average consumer would not know that construction machinery is excluded and would take it at face value if stated in the ad under "returns".  Likewise the average consumer can hardly be expected to know the right or wrong place for moneyback guarentee to be written can they?  It's one of the big pluses of using eBay and it should be made very clear if it doesn't apply, in my opinion.

[*vyolla*]

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@richardculver wrote:

Paid via PayPal so I guess I can take it up with them.  Not really the point though.

---

At least you may be covered, it's a lot of money.

I was hoping that you were going to say that you paid with a credit card via eBay checkout - that would give you section 75 cover and you could have got a refund via your credit card provider. 

[red_magpie]

My point is the ad clearly states that it IS included in eBay moneyback guarentee.

Correct. It does state this, but this claim is made by the seller, not eBay, and it is incorrect.

Industrial plant is excluded, which is why eBay's own reference to the money back guarantee is absent.

Sadly, there's no point in hoping that eBay will accept any responsibility for this. eBay makes it very clear in the user agreement that "Listings are the entire responsibility of the seller..... , "does not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

I'm not sure what you can do here. I don't know whether PayPal buyer protection would cover this, if this is how you paid. Or your credit or debit card issuer may be able to help - your best chance may be if you paid by credit card, as you would then also have the benefit of the consumer credit act.

Otherwise, if the seller won't cooperate you would have to rely on your statutory consumer protection rights or take them to court. However, as you point out this can be difficult, expensive and uncertain - it may even be better to meet the cost of putting it right than risk waste money on unsuccessful litigation. You can consult trading standards or citizens advice, or a solicitor. 

[richardculver]

I can possibly chargeback the card which PayPal used.  

it's annoying as eBay seem happy to wash there hands of the issue when they are allowing sellers to erroneously state MBG applies.  I'm sure eBay have the capability to screen out this type of wording on non-MBG listings.  

At the end of the day MBG is default and eBay publicise it a lot.  If MBG not applying relies on the consumer noticing the absence of a badge and it not be written in the right place (even when stated in the ad) then something is wrong.

It also means that sellers can write any old guff in non-MBG ads and eBay simply refer you to your consumer rights or payment provider.  Not good enough.

[papso22]

That part of the listing will have come from the standard text that the business has chosen for its business policies.  I guess that for most of what they sell the MBG does apply, and they might not even be aware that there are exclusions, but this doesn't really excuse them. 

They seem to offer a return policy that should get you a refund anyway, even if not through ebay. 

What did the business say when you contacted them about the return?