Surgical fracture boot has fallen apart after 6 months!

[453nick]

I bought a surgical fracture boot in January.  It has fallen apart - the sole came off and the velcro patch that holds a strap in place has also come off.

I've emailed the seller 3 times now with no response, and have followed up my original feedback.

Any suggestions please?

I have serious osteorthritis in both feet/ankles and NEED a boot in order to walk just a few yards without constant agony.

[rusticrye · Accepted solution]

Ebay's 30-day Money Back Guarantee, along with PayPal's Buyer Protection, can legally only cover items which you find are damaged, faulty or not as described on receipt. Ebay and PayPal (or any payment processor) cannot possibly assist with items which you report as problematic further down the line, as they can have no idea who is at fault - you for misusing the item, or the seller for supplying substandard goods.  Only a judge can make such a decision.

But Ebay's MBG and PayPal's Buyer Protection are generous extras to your consumer rights - they don't replace them.  If the seller is a UK business seller, and proves to be unhelpful, go to the CAB's website to learn what to do ('before action' letter by Signed For post, followed by Small Claims court if necessary) just as you would when dealing with an unhelpful retailer in your local mall. (But bear in mind that after 6 months, it's up to you as the buyer to prove that an item was sub-standard or defective on receipt, and that can be expensive as you would need to get a report done by an independent expert in the field. Within the first 6 months, the onus is on the seller to prove that it was not. So if you're still in time, work fast!)

If the seller is not in the UK, there is nothing you can do, I'm afraid.

@453nick 

[453nick · Accepted solution]

Thanks for that. I'm just going to leave it with them.

[tsmgmd]

If you visit there eBay shop you will discover a telephone number. 

Try ringing them. 

Otherwise you are past any possible claim dates  with either PayPal or eBay. 

And as you have had 6 months use it would be difficult to take any other form of action as the item did it's job well for 6 months. 

[453nick]

That's what I thought too, although I would have expected AT LEAST 12 months use out of something like that

I can't use the phone as I suffer from sever anxiety and depression too (Yes, I'm knackered!)

[papso22]

There would normally be an email address on a business seller's listing. If it was sold as a fracture boot, would you normally expect to wear it for more than 6 months? You might expect a fracture boot to last as long as a fracture needed it to.

[453nick]

Possibly. The NHS ones last for years. Maybe I just got 15 quid's worth of boot! Fair enough.
Cheers for comments.

[papso22]

Your attitude is very refreshing! People can get quite unpleasant on here.