Recalled product but seller won't refund

[gizby]

I bought an electronic cat toy 3 weeks ago from a business seller. Today got a message from ebay to say the product was recalled in May 2025 because it tested higher than legal levels of lead in the solder. Ebay's advice was not to use it.  I don't have the toy any more because I'd already given it to a friend for her cat, but told her to bin it after I received the product recall notice.

I messaged the seller to ask for a refund. They said ebay sends general safety messages and there's no need to issue a return if it's working and I'm happy with it. Checked the seller's page and they're still selling it. Tried contacting ebay on autochat but couldn't get through. I've updated my feedback on this purchase to warn other buyers, unfortunately can't change it to a negative. 

Will ebay step in if I can get hold of them?

TIA. 

[john1297576]

You can use the report link, bottom right of listing page, the question mark, there are mostly a selection of reasons to use but the final one gives option for describing reason for removal.

You could have opened a NOT AS DESCRIBED CASE within 30 days of receipt to get a full refund, instead you have let seller off the hook.

[**peaseblossom**]

eBay don't automatically refund after these notices.   You would still have been in time to open a "not as described" return but cannot do that if you have nothing to send back.

You can try contacting ebay if you like.   Request a callback on here:
https://www.ebay.co.uk/help/eua?id=5275&mkevt=1&mkpid

[gizby]

Thanks for your replies. I couldn't see an option to click Item Not As Described - possibly because the listing was removed because the product was recalled? when ebay informed me it had been recalled they advised me to contact the seller, who wasn't helpful. I called CS who said I would get the refund regardless of whether I still had the item or not because it was a recalled product. Ebay then opened a return case (before I read these replies on this post), and said don't worry that you don't have the item to return.

Next I received an email from ebay telling me to return the item with the postage label provided. When I contacted CS again to say again that I didn't have the product, first of all they said you have to wait 3 days then ebay will step in, then they said there's no way I'll get a refund because I can't return the product.

I was sold a recalled product which has unsafe levels of lead, ebay notified me it had been recalled 5 months previously, then told me to contact the seller. The seller told me to carry on using the unsafe product and ebay have now said I won't get a refund! It's not the money I'm bothered about it's how ebay is allowing this to happen and telling me there's no way I can get a refund for a recalled product they told me was recalled, giving me incorrect advice, when a return would be no use to the seller anyway because they can't sell it.

[tobiasd4]

Ebay won't refund a recalled item.

CS are correct in opening item not as described case as you are within 30 days of buying.

But unless seller is willing to refund without return, you have to return item.

[gizby]

Thanks. Ebay gave me false hope with their misinformation and I explained clearly what the situation is. If they had opened an Item not as Described instead of a return I'm presuming I'd get the refund?

 I'm not buying any new products from ebay again. That Buyer's Guarantee is a load of tosh. 

[jckl1957]

'Item not as described' is one reason you can choose when you open a return.  It's not a separate thing to a return.

If that reason had been used, the seller could still expect you to send the item back.

[gizby]

Yes, I can see from the seller's communications I'm not going to get a refund and have given up on that now. 

My immediate reaction when I got the recall notice was to contact my friend to tell her to bin the item as I didn't want a risk to her cats. It's got high lead levels in it.  I'm not bothered about the money, it's pennies, but more concerned how ebay gives out misinformation and there are hundreds of sellers selling the same recalled product - ebay is apparently doing nothing.  

It's obvious the experienced sellers on this forum know a lot more than CS. I hope the regulars who keep giving out concise and accurate advice on this forum to get payment from ebay. If it wasn't for you guys I'm sure ebay would go down the pan. 

[*vyolla*]

You could report the seller to Trading Standards as they're a UK registered business (if you scroll down any of their current or completed listings, underneath all of the description blurb you'll see a text link called 'Seller contact information', click on that to obtain it). You have eBay's product recall message to show Trading Standards.

[jckl1957]

Sadly, we don't get paid.

But, next time, come to the forum first.