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.

[red_magpie]

The theoretical answer is that your statutory consumer rights should be the same when buying from a UK business seller as they would be buying from the shops. There is of course no UK statutory consumer protection when buying from private sellers or from abroad.

In practice, warranties often prove worthless for items bought on eBay and even your statutory rights can be difficult or impossible to enforce against unknown, distant sellers. Even trading standards can't do more than scratch the surface of the huge number of small business sellers on eBay, many simply selling from home (not to mention the number still trying to pass themselves off as private sellers). You can use the courts, or try the Courts and Tribunals internet based money claim service, but there's no guarantee of success, or even of getting any compensation you're awarded.

It's best to concentrate on reading and understanding eBay's money back guarantee. It only lasts for 30 days, but within that time buyers are more or less certain of getting a refund if they find a fault of any description.

After 30 days you can't count on getting any form of after-sales service if things go wrong. If a proper guarantee and full statutory consumer protection are important to you it's best to pay full price and buy from known reputable shops or online sellers.