No consequences for eBay supplier selling misdescribed, fake, faulty goods if they last 30 days!

[daffy66uk]

One of the great failings of eBay is the lack of the ability for customers to provide real feedback that can inform buying decisions.  As a longstanding eBay member, who has always positively encouraged folk to use eBay, my recent experience is causing me to seriously reconsider that position.

I spend more on eBay than any other platform.  After 21 years of positive experiences, I bought a replacement backup camera for my Tesla in February.  With photos of what appeared to be a Tesla original camera in the advert, and positive reviews I spent £120 with the supplier.  Once fitted the camera worked well and I gave positive feedback.  Described by the supplier as OE and IP68 waterproof - the camera allowed water in a couple of months after it was installed, causing it to mist up.  I reported this to the supplier who after trying to fob me off, offered to sell me another camera at a discount!.  While the water dried out the damage was done.  The camera took random shots as I was driving and then totally failed a couple of weeks later.  This caused several errors with the car’s computer system and I had to get a Tesla engineer to rectify these at a cost of almost £700.  Among other works they fitted a OE Tesla camera and pointed out the differences between OE and the fake camera supplied. (OE camera from Tesla is on the left with the pink clip).

Original Advert (note the pink clip)

The eBay customer service response is that my purchase is outside of their buyer protection system and to refer me to Citizen’s Advice.  Citizens Advice is effectively for me to take this up through the overburdened UK court system.   eBay will not intervene to force the supplier to provide a revised feedback form so I can warn others, though if the supplier received negative feedback  I suspect they would merely change their name again and presumably several other numbers in between.  Any suggestions?  In the meantime, be warned.

[john1297576]

Have you tried your payment provider to see if they will help.

If by name changing you mean their ebay ID any feedback left would still be seen. Only by opening a new Ebay account and starting with 0 feedback would negatives on old account not be easily found.

[daffy66uk]

Thank you for your response.  I paid via credit card, which gives me 120 days from the date of payment to dispute it.  I am outside this period but within 6 months which is important since the trader has to prove I am at fault rather than them.  Under the Consumer Rights Act 2015 goods should be of satisfactory quality, fit for purpose and as described.  The camera provided was none of these so my rights have been breached.  Since the trader cannot repair or replace the camera I am entitled to a refund......but they do not respond to my messages and eBay will not intervene.

It is interesting to note the eBay moderator removed the name of the supplier from my post above to ensure their feedback is untarnished.  The supplier is cb*****l2077, though eBay customer services in their response to one of my messages referred to them as cb*****l520, hence my suspicion that it is possible to change accounts and retain feedback.

[daffy66uk]

The other option I have, since I paid by Credit card is to open a section 75 dispute (under Section 75 of the Consumer Credit Act 1974), which for items over £100 and less than £30k, holds them jointly and severally liable with the Trader for any breach of contract.  I will probably have to go down this route, but I remain disappointed by eBay's response.

[jckl1957]

One of the forum rules is that you are not allowed to mention other members or 'name and shame'.

That is why your post was moderated.

[red_magpie]

eBay will not intervene.

No, they won't intervene. Like most users, you haven't read section 2 of the user agreement - which would open your eyes to the nature of eBay. 

eBay is simply an online portal where selles can advertise and sell their items. eBay makes it clear that listings are the entire responsibility of the seller. eBay does not review listings or their content. eBay even warns buyers in the user agreement that "they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

So you accepted in the user agreement that items may be untruthfully described, of poor quality, unsafe or even illegal. Would you buy from a shop that stated this? It was your choice, your risk.

If the seller was a UK business seller you still have your statutory consumer rights - but enforcing them against uncooperative, distant eBay sellers is unlikely to be easy and liable to be near pointless. Take advice first. 

eBay's own money back guarantee would have covered faulty or counterfeit goods, but only for 30 days from delivery. (Buyers often don't even discover that items are counterfeit for more than 30 days!) After that, eBay has no interest. As for the seller contiuing to sell here, eBay does not accepts reports of counterfeit items from users. Instead, they encourage users to report counterfeits to the brand rights owner. If the rights owner reports an item as counterfeit, eBay will remove it.