When returning an item that broke after a few weeks, I threw the packaging away. Will it matter?

[lja8533]

I bought a 'new' android car stereo that broke after three weeks of use. It would randomly reboot, the screen would freeze with vertical lines going all the way down it, the microphone did not work on it and apps would randomly open and then shut. I tried factory reset and the same thing happens. The problem is that it was fine in the first week, and so I threw the origianl boxes and instructions away. I am still within the 30 day return, but like I said I do not have the original packaging or instructions and I have soldered the power cable (you have to do this in these stereos) to my radio harness, so I have to unsolder these I guess. Question is can the seller refuse to refund because of this?

[red_magpie · Accepted solution]

Question is can the seller refuse to refund because of this?

Which 30 day return are you talking about?

If you're referring to the seller's own, 30 day return period (if they accept returns) then yes, they might try to refuse the return if you have lost the instructions and soldered the power cable.

However, as you're saying that the item has stopped working properly you can use eBay's money back guarantee, through the resolution centre. In this case, the seller will have no say over the refund. EBay is unlikely to be concerned about these points, and is almost sure to accept that the fault must have been present on delivery. EBay wants buyers to be happy and the whole MBG system is very much weighed in their favour.

Be careful to read and follow the conditions and time limits. Some of these have changed recently, so I won't attempt to paraphrase them - you can find the full t&c here: http://pages.ebay.co.uk/help/policies/money-back-guarantee.html

[lja8533 · Accepted solution]

Hi, thanks for the quick reply, I only bought the item 4 weeks ago, installed it a week after I bought it and it began playing up a couple of weeks later. It is still within 30 days since I purchased the item. I asked to return the item through ebay and it said the seller has agreed to the return request. So if I send it in a different box, with no instructions booklet (it was in Chinese anyway so it was a bit pointless) and a cable that I unslodered you think I will still get the refund?

[angelah1847]

Yes the seller could refuse to refund you as you're supposed to return an item in the same condition that you received it along with the original packaging.

Usually a good idea to keep hold of packaging for more than 3 weeks if I'm honest.

[rusticrye]

 Ebay's Money Back Guarantee, along with PayPal's Buyer Protection, can legally only cover items which you can see are damaged, faulty, or not as described on receipt.  So items must be returned in the exact condition in which they were received. 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, 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.

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

@lja8533