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Refund for faulty product
A seller, registered as a business wit eBay, is refusing a refund for a faulty product as the fault developed outside the 90-day protection period. Still well within the 6-month period applying within Consumer Rights legislation.
How do I report this to eBay
14 comments
tobiasd4
Mentor4 months agoEbay MBG is in addition to your consumer rights,
But ebay won't help you with those, contact citizens advice.
ibico080
OP4 months agoSent from Outlook<>
jckl1957
·4 months agoIs that Ebay policy?
Can you provide a link which confirms this?
If you can confirm that Ebay has such a policy, then you can report the seller. Ebay cannot act on a report if you believe a buyer is violating a policy they SHOULD have, rather than a policy they DO have,
You should only report a seller if you think they're violating our policies, for example:
This isn't an exhaustive list – go to the eBay rules and policies page for more detailed information.
Report a seller
ibico080
OP4 months agoA seller "must not breach or circumvent" UK legislation.
That is what my seller is seeking to do here by not conforming with the 2015 legislation. A seller cannot simply try to fob me off with a referral to the manufacturer. When a product fails within the first six months, the assumption is that the defect was present from the outset.
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papso22
Mentor4 months agoI suspect the user agreement does not count as a policy.
ibico080
OP4 months agoNot that I expect much of an outcome from eBay. I will rely upon the legislation
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jckl1957
·4 months agoIt does not say in the User Agreement that 'a seller must not breach or circumvent UK legislation'.
You have picked out 3 words from the User Agreement and added a little bit on to prove your point.
As is so often the case, context is everything.
The User Agreement states this, specifically relating to Using Ebay, not selling:
3. Using eBay
In connection with using or accessing the Services you will not:
ibico080
OP4 months agoSent from Outlook<>
jckl1957
·4 months agoEbay won't be interested as they only allow you 30 days (not 90) to open a case for a faulty item using the Money Back Guarantee.
This is between you and the seller.
If it is a UK business seller, you can ask Citizens Advice for possible 'next steps'.
ibico080
OP4 months agoSent from Outlook<>
jckl1957
·4 months agoIf you check the Ebay User Agreement, I would guess that there is nothing in there about sellers complying with legislation, and ensuring that buyers' rights under the Consumer Rights Act are met.
I am happy to be corrected, but I believe you are wrong.
The Ebay Money Back Guarantee is in addition to your consumer rights.
However, you have to pursue your rights wth the seller, not Ebay,
ibico080
OP4 months agoI have Consumer Rights legislation and possible credit card issuer as well.
Possible manufacturer warranty.
This may well convince me not to buy on eBay but to go back to good old shops!
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john1297576
Mentor4 months agoIf you use ebay, you go by their rules and requirements. Ebay provides protection of 30 days, then they will no longer be interested. You do not buy from ebay, you buy from sellers who sell on ebay. Ebay has procedures covering most problems, so long as in the 30 day period.
Compare ebay to ads. in a shop window, the shop owner would not take any responsibility if you bought a damaged item, and certainly no 30 day money back guarantee, or warranty.
I also suspect that the legislation you seem to rely on only applies to Business Sellers, and even then enforcing can be a problem.
ibico080
OP4 months agoSo, if a seller does not do so, it should be removed from its status as a seller!
The seller is registered as a business with eBay.
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