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.

[franology]

Sellers can't close accounts while they have transactions open and there is a waiting time (60 days I think) after the most recent transaction before an account can be closed. When it looks as if a seller has closed an account more quickly than that it means that eBay has removed the seller from the site.

Information about closing an account here:

http://pages.ebay.co.uk/help/account/closing-account.html

If a seller is removed while you are in the middle of a transaction and it appears that you can't open a case against them you need to either contact eBay Customer Support so they can open a case manually for you to get a refund or you can open a case in PayPal.

Consumer rights legislation only applies to business sellers (not just on eBay) so buying from a private seller can be rather like buying in a car boot sale - though eBay offers additional protection for buyers whatever type of seller you deal with. The money-back guarantee is in addition to your consumer rights not a substitute for them.

https://pages.ebay.co.uk/ebay-money-back-guarantee/index.html

If you don't receive your item or it is not as described it is quite a straightforward procedure to obtain a refund - it's just a little more complicated if the seller has been removed for breaking eBay rules. In most instances, all you have to do is go to the Resolution Centre and follow the instructions there.

However, neither eBay nor PayPal offers any kind of guarantee of quality. They have no knowledge of the items and therefore can't promise that they will last for long. All they will do is refund you if the item doesn't arrive or is faulty when you receive it.

But this is where buyers have to use their common sense. If an item that is easily available in this country is offered on eBay at a ridiculously low price - often from a seller in the far east - then you can't expect the same quality as you would find if you bought from a high street store here. Sometimes these items are remarkable for the price asked and you can take a chance that they might be OK for what you want - and you may be prepared to risk a small amount of money. But it would be unwise to expect Screwfix goods for Poundland prices.

You always have 30 days from delivery to open a case if the item is faulty on arrival (whatever the seller does) - if you ever want extra help to do that then you can always come back here for advice.

[corred]

As far as I know due to the law relating to chargebacks the period for closing an account is 180 days from the last sale

[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.

[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

[pixiesen2012]

ebay is a selling platform

they don't 'approve' the sellers that sell here,

they remove sellers when they find out they are 'dodgy' that's why you can't find the details,

your statutory rights are the same as when you buy from a shop in a Mall, or from a market trader,

you should keep your own records of items purchased etc

[corred]

@saxongeoff

eBay has no legal responsibility for the actions of those who advertise on the platform

They are an advertising site nothing more.....just as a newspaper or shop window are not responsible for ads placed

eBay does not sell ANYTHING

eBay do at least offer their MBG which is in addition to a buyers legal rights & something they do not actually have to offer !!