My rights and incorrect item

[garet_92]

Last summer getting ready for Christmas early I purchased what was advertised as a brand new tablet. Item arrived boxed and factory sealed looking very much brand new. However once opened on Christmas Day far from new item was found not able to be used battery dying quickly and when checking history there was a history prior to the purchase date. This proves not new. However as out of the eBay return guarantee they refused to help.and seem happy to allow a fraudulent seller to keep using he platform as the seller is still on there. For months I keep messaging the seller however they accept no fault although proven and will only offer a 10 percent discount on a futute purchase. What can I do to escalate the matter 

[tressygirl]

I'm afraid you cannot escalate the matter with eBay, they are not refusing to help, just acting withing the parameters of their 30 day MBG policy , they cannot help,  you are out of time there , and sadly out of time with your payment provider.

Was this a purchase from a UK registered seller, who offered some longer guarantee which they are now not upholding?  Then,  turn to Citizens advice for any further steps you can take here.

@garet_92 

[jckl1957]

You can't do anything through Ebay and you are too late to raise a case with your payment provider.

Ebay expect you to open a case within 30 days of receipt and most banks give you 120 days to start a chargeback.

You do need to check your purchases promptly otherwise, as you have found, you lose the protection offered by the Money Back Guarantee.

[garet_92]

But they are refusing to help as just because outside of the guarantee they offer the seller has used their platform fraudulently they should be doing more to stop this. Why is the seller still allowed to sell on here? Why are eBay not protecting other buyers against this seller? 

The seller is in China so no escalation with citizens advice 

[tobiasd4]

You have to remember that you are buying from an ebay seller, NOT ebay themselves.

[garet_92]

And eBay are faciliting this incorrect selling by allowing them to continue to sell on this site. How is that right? 

[*vyolla*]

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@garet_92 wrote:

And eBay are faciliting this incorrect selling by allowing them to continue to sell on this site. How is that right? 

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They'll be allowed to continue until they've built up enough defects to get sanctioned. You can't do anything to report them because you're past eBay's 30 day returns timeframe. 

[tobiasd4]

Had you checked item on delivery, you could have returned it for full refund.

Even if buying from a physical shop, waiting months to check it, shop would be reluctant to sort it.

[garet_92]

A shop wouldn't be with the evidence of the item being not new. As in the serial number matching what brought and the history and what the shop would do is then refund me and go back to their supplier to get their money back 

[red_magpie]

Why are eBay not protecting other buyers against this seller?

eBay warns buyers in the user agreement that they don't guarantee the quality of items sold here, that they will be truthfully described or even be safe or legal. Would you have bought from a shop that stated this?

eBay provides its own money back guarantee for most items sold here, but this only lasts for 30 days. After this they will have no interest. All of this is explained in the user agreement, which nobody ever seems to read.

Never expect buying from strangers on eBay to be like buying from the shops. eBay is a jungle.

[garet_92]

I fully understand the terms and conditions but this doesn't excuse eBay from not doing more to stop people being victims of fraud. Even if they won't step in why are they letting a fraudulent seller keep selling on the platform? How is that protecting buyers on the app?