Refund for faulty product

[ibico080]

A seller, registered as a business wit eBay, is refusing a refund for a faulty product as the fault developed outside the 90-day protection period. Still well within the 6-month period applying within Consumer Rights legislation.

How do I report this to eBay

[jckl1957]

Ebay won't be interested as they only allow you 30 days (not 90) to open a case for a faulty item using the Money Back Guarantee.

This is between you and the seller.

If it is a UK business seller, you can ask Citizens Advice for possible 'next steps'.

[ibico080]

I believe the seller is breaching eBay policies in not complying with legislation


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[jckl1957]

If you check the Ebay User Agreement, I would guess that there is nothing in there about sellers complying with legislation, and ensuring that buyers' rights under the Consumer Rights Act are met.

I am happy to be corrected, but I believe you are wrong.

The Ebay Money Back Guarantee is in addition to your consumer rights.

However, you have to pursue your rights wth the seller, not Ebay,

[ibico080]

I think eBay should be aware of the issue, though.
I have Consumer Rights legislation and possible credit card issuer as well.
Possible manufacturer warranty.

This may well convince me not to buy on eBay but to go back to good old shops!


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[john1297576]

If you use ebay, you go by their rules and requirements. Ebay provides protection of 30 days, then they will no longer be interested. You do not buy from ebay, you buy from sellers who sell on ebay. Ebay has procedures covering most problems, so long as in the 30 day period.

Compare ebay to ads. in a shop window, the shop owner would not take any responsibility if you bought a damaged item, and certainly no 30 day money back guarantee, or warranty.

I also suspect that the legislation you seem to rely on only applies to Business Sellers, and even then enforcing can be a problem.

[ibico080]

I'm not suggesting eBay is liable but, in its policies, it does say that it requires sellers to comply with Uk legislation.

So, if a seller does not do so, it should be removed from its status as a seller!

The seller is registered as a business with eBay.


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[tobiasd4]

Ebay MBG is in addition to your consumer rights,

But ebay won't help you with those, contact citizens advice.

[ibico080]

Not really looking for help from eBay but it should be made aware that a seller registered as a business is not complying with its policy that all such sellers must meet UK Consumer Rights legislation.


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[jckl1957]

Is that Ebay policy?

Can you provide a link which confirms this?

If you can confirm that Ebay has such a policy, then you can report the seller.  Ebay cannot act on a report if you believe a buyer is violating a policy  they SHOULD have, rather than a policy they DO have,

You should only report a seller if you think they're violating our policies, for example:

• They offer to sell you a listed item outside of eBay
• They don't intend to complete the sale
• They sent threatening messages or used abusive or vulgar language
• They published another member's contact information
• The seller has provided you with false contact information
• You suspect the seller is under the age of 18

  This isn't an exhaustive list – go to the eBay rules and policies page for more detailed information.

  Report a seller

[ibico080]

See the User Agreement - easy to find on-line work your way through it!

A seller "must not breach or circumvent" UK legislation.

That is what my seller is seeking to do here by not conforming with the 2015 legislation. A seller cannot simply try to fob me off with a referral to the manufacturer. When a product fails within the first six months, the assumption is that the defect was present from the outset.




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[papso22]

I suspect the user agreement does not count as a policy.

[jckl1957]

It does not say in the User Agreement that 'a seller must not breach or circumvent UK legislation'.

You have picked out 3 words from the User Agreement and added a little bit on to prove your point.

As is so often the case, context is everything.

The User Agreement states this, specifically relating to Using Ebay, not selling:

3. Using eBay

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems or policies;

[ibico080]

You have to be joking. What is it there for, otherwise?

Not that I expect much of an outcome from eBay. I will rely upon the legislation


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[ibico080]

I was looking for help - not a sterile argument.


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