Buyer saying item now faulty after 35 days

[odyseus10]

Hello ,

I sold a CNC controller, which was shown delivered on 24th January 2024. The buyer has just emailed to say it has stopped working and they have contacted the manufacturer, who say it's most likely unrepairable.
The buyer has asked if it had warranty but ithe controller was over 3 years old and manufacturer warranty was only one year. I didn't claim it was under warranty in the auction.

I haven't responded to the buyer yet, although I think he's going to want a refund,
(It's been 35 days since they received it).
I'm not sure, where I stand, whether I will have to refund or not?
Can the buyer can escalate file a dispute?

All the best

[**peaseblossom**]

As it's more than 30 days they can open a dispute but won't be able to escalate it.   It will expire eventually.

[ccla3379]

Assuming this is all inside the UK .... AFAIK buyers have 30 days to start a return under eBay Buyer Protection.   https://www.ebay.co.uk/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-poli...

Outside of eBay - sales in the UK are covered by The Sale of Good Act which means that goods should be of merchantable quality and should last for a reasonable time where reasonable is variable depending on the item in question (you would expect a washing machine to last longer than a pair of shoes) but there is a baseline of 1 year which is often quoted as applying unless explicity overridden anywhere.

If the buyer is outside the eBay 30days then they would contact you directly for a resolution.  If they get nothing then, depending on how they paid, they could take it up with their bank/credit card company as a charge-back but that is outside my knowledge - hopefully others will chime in/correct me.

[exponential_developments]

Didn't think anyone has warrenty rights buying from a private seller.

[exponential_developments]

https://www.catalystlaw.co.uk/blog/consumer-rights-on-second-hand-goods

just had a read, i presume this is upto date.

[douglaspuglas]

If they paid by PayPal they currently allow significantly not as described cases to be opened up to 180 days from when payment was made.

But I think PayPal sometimes expects the buyer to return the item to get a refund.

If that's the case they'd have to send it back tracked at their own expense.

Just to add PayPal will be reducing the 180 days timeframe to 30 days for SNAD cases from 28th May which is good news for sellers but not buyers.

[exponential_developments]

SNAD, how can it be, it worked for 35 days, seller hasn't mislead the buyer.

[douglaspuglas]

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@exponential_developments wrote:

SNAD, how can it be, it worked for 35 days, seller hasn't mislead the buyer.

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Yes but would the buyer tell PayPal that?

[exponential_developments]

Well, that's a guessing game as to truth, but the law says as long as the seller doesn't describe it as being something it isn't then they are ok.....No warrenty.

[odyseus10]

Thankyou all for your replies.

I'm trying to figure out what to say to the buyer, basically no it doesn't warranty, so just bad luck - but in a more diplomatic way.

The buyer has indicated that the controller has been working but now doesn't.

I think that is the risk you take buying second over new. 
With new you pay more but probably get warranty and after sales service.

Abd with second hand, you pay less but you don't have any options if something fails.

This particular CNC controller wasn't used much and looked brand new, despite being over 3 years old (I found my order online).

So I guess the buyer can't claim through eBay, but could claim through PayPal?
I suppose, I have see what happens but I wanted to know what I should say to the buyer

All the best J

[exponential_developments]

If it was me in your position, i'd give Paypal a call sort of to give them a heads up, i've always found then very good to deal with.

Regards Shane.

[m25jet]

I suppose what you could say would be something along the lines of "Thank you for your e-mail.  As the item was not sold with a warranty, nor was any implication made that a warranty would be offered with the item, I cannot refund your money as per your request.  The item was found to be in good working condition when inspected at the point of sale and you have had it in your possession for over a month, which is adequate time to ensure that it functions as normal and meets with your satisfaction.  I hope that you are able to find a suitable alternative item."

This is just a suggestion as to what to put - you don't necessarily have to quote what I've written word for word, and I've often been told that I'm not the most diplomatic of people (people do say I can be rather blunt sometimes) so perhaps I'm not the best person to be giving advice as to what to say to your buyer so that it doesn't come across as a "Tough luck, but you're out of time for a refund!" kind of message, but hopefully this should give you some idea as to what to say to the buyer without making him/her angrier than he/she may be at present.

If you have not already done so it may be a good idea to add the buyer to your Blocked Bidders List so that he/she cannot purchase another item from you just for the sake of making out that there's something wrong with it, or pretending that it never turned up, just to screw you over and leave you with some undeserved negative feedback that eBay refuse to delete from your feedback history.

[odyseus10]

Very nicely worded 🙂

I find it very difficult to reply in such an eloquent way 🙂 Although, I have now learnt never to reply without leaving it to review a bit later.

As it turns out, I have replied to the buyer, asking a few questions on the fault, asking if he has reached out to the controller community, asked if it can be repaired and finally answered his question that is sadly there is no warranty.
I finished my reply by saying that I can't think of anything else to suggest.

I will wait to see his reply.

He hasn't requested refund ( yet) but his message tone is very much that the controller is "dead" according to the manufacturer and so what am I going to do about it?

All the best J

[odyseus10]

Quick update, the buyer has responded by re-iterating the Openbuilds say he will need to buy another controller etc and gave some details on the failure. He hasn't actually requested a refund so we shall see what happens. He might have checked already about the eBay 30-day rule or just accept it's just one of those things??
I will update this thread one way or another in a few days

[rjwilmsi]

If you are genuinely a private seller not selling for profit (you have expensive watches for sale, but as long as you didn't buy those for the purpose to resell them then fine) then you don't have to offer a warranty beyond eBay's Money Back Guarantee terms, and you are not subject to the Distance Selling Regulations and sort of "6 month warranty" that business sellers fall under (sort of, or at least a car dealer is liable for faults present at time of sale that make vehicle not fit for purpose, if reported within 6 months).

However, every seller is subject to chargeback rules and/or Paypal's 180-day rules. Sellers don't get to speak to the buyer's bank directly so the chargeback process can be hard to win for the seller.

So, a private seller can legally say to the buyer "sorry there is now a fault with the item. The item is out of manufacturer warranty. As a private seller I do not offer warranties on the items I sell. The item is outside of eBay's 30-day money back guarantee. So I cannot help you".

But it depends. Do you think there is definitely a fault that can't be repaired, or could buyer be mistaken or trying it on? Do you think the buyer is really determined to get their money back such that they would submit a chargeback? Would the item be of any value to you if it were returned to you?

If you think the buyer is really determined and would prefer to get item back (rather than lose item and money), it may be better to accept a return on condition that buyer pays return postage.

Or if you don't want item back / item is now worthless, then may be better to politely say no to buyer and accept the risk that a chargeback is raised and you lose it.

[pillarboxred]

Only communicate with the buyer over eBay messages. If he opens a dispute, offer a full refund including postage for Return. You are not going to starve to death if you pay the return postage and the buyer might just decide to keep the item if he is lying. If he is not lying, he deserves a refund and will be delighted with your service.  I don't know what a CNC is but 35 days is not a reasonable lifespan for an electronic gadget.