DoesThe Consumer Rights Act apply to eBay sellers?

[saxongeoff]

Hi,

Not posted here before, but I felt the need, so here goes.

Perhaps it's just me, or maybe not.

I have bought quite a lot through eBay over the last 2-3 years and, by and large, been reasonably happy with the purchases.

But, more recently, I have had two or three things that just didn't perform as expected - broke down, stopped functioning and so on.

When you type in the Item ID to contact the seller, the number isn't recognised.

Twice, the seller's page no longer exists. Although I have seen what looks very much like the same trader operating under a different trading name.

So, are we facing that dilemma where traders set up a stall, flog the gear that's currently on offer and then shut the suitcase and do a runner!

Nice easy way to avoid any come back - like too many unscrupulous rogue Limited Companies that choose voluntary liquidation to avoid dissatisfied customers and deliberately constructed liabilties.

To what extent does eBay, as a platform, carry any responsibility for the goods marketed by its approved sellers?

If it doesn't have any obligations, is this not promoting a Del Boy - flog 'em and run - marketing strategy?

Of what use is The Consumer Rights Act if the issues disappear into the fog?

The CRA states:

Goods must be of satisfactory quality: must be fit for purpose: and must be as described. These have always been enshrined in the Sale fo Goods Act for decades before the CRA came into being to update and replace it.

But, when (as in my case) an industrial strength, reinforced, high quality item breaks after some limited use, and the seller is found to have 'dun a runner' - or his page no longer exists - what then?

I suspect the reply or replies will simply say, tough!

Puts you off buying through eBay altogether if there's no protection worth its salt. No better than going to a flea market in Marakesh while on holiday!

There. I've said my bit.

[arkwebus]

In simple terms if you buy from a business seller in the UK [and the EU in theory] then - yes - you have rights.  If you buy from a private seller you do not.  If you buy from any other foreign seller then while you might possibly have rights any enforcement will be impossible in practical terms. 

Even with a UK business supplier any attempt to enforce your rights may be difficult.  You may be advised to go to Trading Standards but - in practice - they will not help individuals for small amounts. You may try Small Claims but again you will have to identify the seller and run the case and - while you may win - you may see no money. Sellers do come and go. Sometimes rightfully turfed off by eBay!

The short answer is that eBay is [they will claim] solely a platform and will take no responsibility.  Whether they owe buyers a "duty of care" is an interesting question but they would probably argue that they could not possibly investigate every seller before they post and that they provide systems to deal with anything that goes wrong. 

@saxongeoff