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Item not as described short-term right to reject Consumer Rights Act refund
Summary: El tema de la discusión es el derecho de los consumidores a rechazar un artículo que no sea como se describe, de acuerdo con la Ley de Derechos del Consumidor. Aunque los detalles del contenido no se proporcionan en el intercambio, parece que los participantes están discutiendo sobre las implicaciones de este derecho, posiblemente relacionado con la obtención de un reembolso por productos que no cumplen con lo prometido.
A watch arrived 14 Jan. I reported a fault with the watch on 2 Feb; the seller sent a replacement watch after I returned the original. The replacement watch developed an identical fault by 30 April.
I live in England and want to reject the goods and request a full refund under the Consumer Rights Act 2015 because the seller's replacement failed to bring the goods into conformity. However, when I try to initiate a return via eBay, I see:
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The return window was closed.
We can't process your request to return this item because it's outside the seller's returns window. Please contact the seller directly to return this item or see whether you qualify for eBay Money Back Guarantee.
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I purchased via PayPal and tried to claim back my payment that way, but had this reply:
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We've reviewed the transaction(s) and are refusing your claim(s). This decision has been taken as you filed the case more than 30 days after the item was delivered.
We're sorry for any problems you may have experienced with the transaction(s).
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I read at: https://www.gov.uk/accepting-returns-and-giving-refunds
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If a customer has ‘accepted’ an item, but later discovers a fault, you may have to repair or replace it. The customer can still reject the item after it’s been repaired or replaced.
A customer has accepted an item if they’ve:
- told you they’ve accepted it (having had enough opportunity to inspect the item before confirming they’ve received it)
- altered the item
You must repair or replace an item if a customer returns it within 6 months - unless you can prove it was not faulty when they bought it.
You can ask a customer to prove an item was faulty when they bought it if they ask for a repair or replacement after 6 months.
Customers have up to 6 years to make a claim for an item they’ve bought from you (5 years in Scotland).
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It seems I may not get my money back on this bad purchase 😔
Is there anything else I can do? Advice appreciated.
papso22
Mentor5 months agoEbay and PayPal provide buyer protection that is separate from your consumer rights. They offer an easy way for you to enforce those rights but only within a specified time frame.
After that time you have to pursue your rights directly with the seller, just as you would if there was no buyer protection.
If within the 30 day period we always recommend getting a refund and buying again, rather than a replacement.
jckl1957
·5 months agoBoth Ebay and Paypal allow you 30 days to initiate a return for a faulty item.
If you accept a replacement, then the replacement fails, neither Ebay nor Paypal will force the buyer to accept a return or refund you or replace the item.
You will have to pursue your consumer rights with the seller who you bought from.