GETTING REDRESS FOR INFERIOR GOODS AFTER 180 DAYS PLUS, WHEN PAYPAL DENY A CLAIM OUT OF TIME

[shopalittle1]

An item I bought (leather boots) just over 6 months ago has just fallen apart when the zip broke and it is now useless, in spite of usage being very much less than average. Paypal has denied a claim under Buyer Protection even though Ebay said they would honour it. Does anyone have any advice about how to get redress? The seller has not replied to my request for a replacement. Thanks.

[red_magpie · Accepted solution]

Paypal has denied a claim under Buyer Protection even though Ebay said they would honour it.

EBay often tell people anything to get them off the phone.

If you explained that it has fallen apart after just over six months eBay will have known that PayPal wouldn't cover it. So would you, if you had read PayPal's buyer protection policy.

Neither eBay nor PayPal provide any form of product warranty. EBy's money back guarantee only lasts for 30 days, after that they have no interest. PayPal buyer protection lasts longer, for 180 days, but still only covers the condition on delivery. So, for example, it might have covered your boots if you had discovered within 180 days that they were counterfeit, but not because they just fell apart in use.

If you bought them from a UK business seller you should in theory have the same statutory consumer rights as if you bought them from a shop. But buying from unknown, distant sellers on eBay isn't like the shops. Many don't want to know about problems. You can ask trading standards or citizens' advice, but even they can't wave any magic wand. The fact is that having rights and being able to enforce them in practice against distant sellers who don't want to know are two different things. These are all part of the risks of buying on eBay.

[corred]

@shopalittle1 

• There is unfortunately nothing you can do through either eBay or Paypal
•
• Neither company offers or gets involved in warranty disputes.
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• The eBay & Paypal Money Back Guarantees only specify cover that the item will arrive in the stated timescale & will be as described & work on arrival - The T&C of both clearly state they are not warranties. The eBay & Paypal Money Back Guarantees are in addition to & do not replace your normal consumer rights.
•
• Warranty issues are between you & the seller
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• With a private seller on eBay there is no warranty implied
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• If the seller was a UK registered business seller then you may be able to seek assistance from the CAB who will put you in contact with Trading Standards.......or you may possibly need to seek redress through the small claims court
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• If it was an overseas registered business then there is nobody who can help you !!
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• As you will probably discover any warranty offered by a seller on eBay is only as good as your ability to enforce it

[shopalittle1]

Thank you for taking the trouble to reply and for your helpful suggestions. I have never had a problem before but will never be buying on ebay again, or using Paypal. We take the risks and they take the profits.

[tobiasd4]

TBH .Even if you bought boots from a physical shop, you would have a hard time claiming a refund after 6 months.

[shopalittle1]

Except that I would have a legal right to if they were defective, as I have just discovered by looking up CAB & TS as suggested by Corred.

[corred]

@shopalittle1

You have the exact same legal rights with a registered business seller on eBay as buying from an online retailer.....

eBay sell nothing & their Money Back Guarantee is actually in addition to those legal rights

As pointed out by @tobiasd4 it is very unlikely after 6 months that you would have any legal redress with items such as shoes......I regularly get through a pair of well used shoes within 6 months

You do not get 180 days protection from Paypal or 30 from eBay as their MBG only covcers the condition on arrival.......after that point your normal statutory rights re still there & it is them you rely on