Consumer rights outside of 6 month window from purchase

[shopper1*susan]

Has anyone else found themselves at odds with a trader who doesn't want to give redress for goods that do not give reasonable durability after purchase.  If so have you ever received any help from Ebay?  As someone who qualified in Consumer Law, I am looking at whether to begin an action to ensure that Ebay shoppers are not left out of pocket due to the supply of sub standard goods, and less than helpful traders.  Ebay appear to make it quite difficult to make contact once a certain timeframe has passed, and actually no law limits a buyers rights to six months and so Ebay should be making more efforts in this direction, to bring their traders into line. 

[tobiasd4]

Ebay MBG is only for 30 days, after that it is between you and seller. 

If UK business seller, contact citizens advice.

You are covered by consumer rights, but ebay won't help with those. 

[shopper1*susan]

Thanks for your input. The point I am making is that as a marketplace for sellers, Ebay need to do more to ensure that its sellers understand that if they supply faulty goods, a consumer may still have a claim for repair/replacement/refund, regardless of the 30 day set by Ebay, because the law does not restrict one's right to redress to 30 days. Whilst there is information on Ebay about the Consumer Rights Act, it is not that easy to find. Restrictive statements about time limits should be clarified with notices reminding consumers that they may have rights against a seller long past the 30 day window. As it is, it is not possible to even review a product, or a trader after 90 days, and how many people find a problem with sub standard goods after this time and feel they simply have to swallow that??

Ebay make little effort to see that their sellers comply when contacted outside of the 30 days in relation to items that prove not to meet the requirements of the Consumer Rights Act 2015 in terms of durability.

I have no need of Citizens advice as I used to train them in consumer law, and there would be nothing they could add to my own knowledge on the subject. I am simply on a crusade to make Ebay more transparent in relation to what a consumer can do if goods fail AFTER the 30 day window.

[tobiasd4]

Ebay hide behind their own T&Cs.

As ebay sell nothing, they pass any issues past the 30 days on to seller. 

Many have threatened to sue ebay, but I have never known it to happen. 

[papso22 · Accepted solution]

There are frequent posts on the buyer forum from people getting no joy from sellers outside of Ebay's money back guarantee period.

You could have a look at those.

[shopper1*susan]

Yes, I am sure there are many threats of legal action. The fact is that for most people the payment they made for goods which disappointed, will be quite small and legal action, even in the small claims court, requires up front costs to be paid, before a decision can be made for the consumer, and most will not go down this route.

What I am wanting to do is to give publicity to the fact that so many E Bay sellers do not understand their obligations to their purchasers, and Ebay facilitate this by making it very difficult to pursue the trader or to review the trader after 90 days. I believe E Bay COULD be forced to be more pro active in terms of amplifying the rights consumers have to receive goods of satisfactory quality. How many of us receive a piece of rubbish and put it down to experience, instead of pursuing it to a suitable conclusion? More people need to take steps to redress this situation, so that E Bay take the matter seriously. They are after all, making money despite much of what is sold on their site not matching up to the requirements of law.

[red_magpie]

As you can read the law, you will be able to read eBay's user agreement.

This makes it clear that listings are the entire responsibility of the seller. It even warns buyers that "they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

At least eBay can't be accused of not explicitly warning buyers that items for sale here may be untruthfully described, unsafe, illegal - or not even exist! And we have all have accepted this - not that anyone reads it, of course.  

eBay's own money back guarantee covers most items that don't arrive or are not as described. However, there is a 30 day time limit to claim; when this expires eBay has no further involvement. (Except to pass on product recall info., but with no offer of help.) eBay doesn't even pretend to see that their sellers comply with the requirements of the Consumer Rights Act or anything else. Many are private sellers, or abroad anyway, so consumer rights don't apply or can't be enforced.

Whatever else eBay may do well or badly, they have good lawyers who have produced a user agreement that makes eBay largely bullet proof interms of liability for items sold here, other than it's own, limited money back guarantee. eBay has even structured its organisation in such a way that although its payments procedures are regulated by the FCA, it's money back guarantee is not. So buyers have no right of independent appeal against eBay's (sometimes shocking) decisions. The user agreement even requires users to agree to accept eBay's decisions, putting up another obstacle to potential legal challenge.

 The saddest thing is that todays generation of mollycoddled buyers have come to expect that there will always be some-one, somewhere who will protect them. Not on eBay, there won't. eBay is a jungle.

[shopper1*susan]

Yep, I get it, as it is a platform, rather than a retailer. However, that does not mean no one should try to get Ebay to up its game!! There are some policies they have which make it very difficult to highlight poor sellers, and it is those policies that I would like see changed. No business is an island, and pressure does pay off - eventually!!

[*vyolla*]

eBay is just a selling platform, sellers are responsible for their listings.

If the seller at fault is a UK business seller then certainly action could be taken for reasonable durability, but this would be between the buyer and the seller. 

[shopper1*susan]

Thanks, but I thought I made it clear that consumer law is my own expertise. I understand fully the obligations of the seller (and indeed the buyer) but platforms that enable selling also have a responsibility to ensure clarity in their terms and conditions, and this is where Ebay falls down.

[*vyolla*]

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@shopper1*susan wrote:
Thanks, but I thought I made it clear that consumer law is my own expertise. I understand fully the obligations of the seller (and indeed the buyer) but platforms that enable selling also have a responsibility to ensure clarity in their terms and conditions, and this is where Ebay falls down.

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It's mine too, and you should understand how a selling platform works. eBay are not supplying and selling items. They are merely a platform, there is no eBay fulfilment same as there is with some online sites. 

[shopper1*susan]

I fully understand how a platform works, and they are subject to the same rules for clarity as any other advertiser - which they are!! I cannot be bothered to waste more time arguing the toss with someone who wants to support selling techniques which do not stand up to scrutiny so please don't bother to reply again.

[*vyolla*]

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@shopper1*susan wrote:
I fully understand how a platform works, and they are subject to the same rules for clarity as any other advertiser - which they are!! I cannot be bothered to waste more time arguing the toss with someone who wants to support selling techniques which do not stand up to scrutiny so please don't bother to reply again.

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Don't be rude. 

Just because you think you're right doesn't make you right.

Maybe open a discussion thread on what was the Consumer Action Group, now National Consumer Service (first site that comes up and Google) and discuss this there with the legal folk, who are also experts in consumer law. 

[tobiasd4]

You can argue with ebay all you want,

Your points may be valid, but I doubt you will get anywhere with ebay.

[shopper1*susan]

Yes, I appreciate that I may get nowhere, but at least I am going to try!!

[shopper1*susan]

Thanks for the advice. I will do as I see fit though. My not agreeing with you does not make me rude!!

[shopper1*susan]

Thank you!!  I thought there must be, but not having looked at this community in the past, I wondered about how beneficial it is in comparison with say the Sky Community, where posts can often lead to the resolving of an issue.   From the few replies I have had, many seem to be on side with Ebay, rather than wanting an improvement in the way Ebay responds to disgruntled buyers.  Makes me wonder who some of the mentors really are!!  Many thanks again for the tip

[*vyolla*]

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@shopper1*susan wrote:
Thanks for the advice. I will do as I see fit though. My not agreeing with you does not make me rude!!

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It's all in the way you deliver it, nothing to do with agreeing or disagreeing, points can be presented in an amiable manner. Telling a responder on a public form not to bother to reply again is rude, any way you spin it. I will decide whether to choose to reply, or not. This is not a discussion forum anyway, it's for quick fire answers about buying or selling issues on eBay, hence why I suggested the other forum. 

[shopper1*susan]

Indeed it is in the way one delivers the message and I did not like the manner of your message!! Pretty simple really. I did not post asking for advice and I wonder why so called 'mentors' feel they need to offer it????

I think the issue needs to be put to bed, as I have better things to do with my time, and I feel sure you must have too, but best wishes for a happy life!!