I, buyer Apple watch returned it; seller unlocked it; now technical fault can I get refund scratched

[fabulousparty]

I bought an Apple watch, but had to return it for seller to unlocked it from their account . 

Seller unlocked it, than returned it. This was in August 2020, it was fine. 

I have scratched the screen, so its now not perfect.

However, now a technical issue, the screen now blacks-out constantly; Apple can't do anything, can I return it for a refund?

Doubt seller could sell with technical fault and now damaged screen.

What are my legal rights please as a buyer?

[red_magpie]

EBay's money back guarantee only lasts for 30 days. Paypal's buyer protection policy lasts longer, 180 days, but only covers the condition of items on delivery, not faults that occur in use. Neither will get involved in warranties.

Any responsibility now rests with the seller. If they're a UK business seller, in theory you should have the same statutory consumer rights as if you bought it from a shop. The fact that you have scratched the screen doesn't remove any obligation the seller may have for the watch not working correctly. Ditto, if this was a new watch I would have thought that the maker's guarantee should cover it.

However, having consumer rights means nothing unless you can enforce them, which is often difficult or impossible for eBay purchases. Even manufacturers' warranties are liable to be invalid for items bought here.

For advice on your legal rights, you can consult trading standards or citizens advice. Good luck, but when things go wrong buyers often discover that buying from unknown sellers on eBay isn't like the shops.

[rusticrye]

Ebay and PayPal can legally only assist with items which you can see are faulty, damaged, or not as described on receipt. They can't help with items which develop faults in use.

And as you appear to have bought this as 'used' from a private seller, you have no legal recourse either. When you buy used goods from private sellers, that's a risk you take.  But if I've misunderstood, and you bought this from a business seller, go to the CAB's website for advice. Not sure how far you'll get, though, due to the damage you caused to the screen.

@fabulousparty 

[fabulousparty]

Thank you for reply. Apple taking watch back for software update.

[1956glyn]

Hi

Have you spoken to Apple about the issues and what have they said?

Is the damage you accidentally did causing the screen to black out

This is an awkward situation ..... have you had another word with the seller ?

[fabulousparty]

Hi, using google, this is a recognised technical fault happening to a number of watches. So it's a little complicated situation. Friend has no problem with his.

The scratch was done in first week and it's now October and fault started this month.

[1956glyn]

In that case you need to take appropriate legal advice from a qualified person

[fabulousparty]

It's Apple fault by looks of things on internet and not sellers. I am not sure whether fault can be fixed. Thank you for replying.

[1956glyn]

Check to see if there is a recall on the model you have