Refund help needed

[hum_6517]

PLEASE URGENT- 

Help needed. I have bullet pointed to make it easier to read

-I had purchased a spray paint machine. With the intention to use it for small job projects.   

-The machine had arrived, but did not work. I immediately contacted the seller whom gave me instructions to try. Still nothing.

-The seller then agreed to refund, but wanted me to return the item to Germany. They also told me to write the refund reason as “did not like”.

- I agreed to return, if seller paid for postage and packaging. During this time responses were slower and replies were “lost”. 

- funnily once I was out of the money back guarantee period by eBay, the seller did not respond. Or took a while. (Gets worse)

- I have since been chasing the seller since MAY!!! near enough weekly. I have been in hospital for long periods over the year due to my health, chasing this hasn’t been easy.

- I constantly also rang eBay; to which I was advised different each time. 

- Over the past few months; the seller has completed ignored me. I’ve send atleast 5 emails and Facebook messages a week.

- I contacted them of another email with an item query ; they responded straight away. Once I gave my details they continued to ignore  

- the final and latest response from eBay is they cannot help or refund. I asked them to ask the seller to respond but they said they cannot do so.

- the product has 1 year warranty

- product cost 276!!!

- I am out of pocket!!! Had to sub-contract jobs 

[papso22]

I am sorry but unless your funding source can help you are out of luck.

Ebay does not extend its money back guarantee, or offer any assistance with difficult sellers, after 30 days from delivery. 

The seller has played you. A claim for item not working (the proper reason), within 30 days would have meant them paying to get it back, or ebay forcing a refund from them if they didn't arrange the return.  You would not have had to pay.  

[hum_6517]

My bank cannot help as we’re out of the time frame. I was told by eBay I can get the money back via consumer protection 

[tommystrezures]

You are not allowed to name and shame on these boards and the moderators will remove/edit.

ebay has a 30 day mbg why did you not follow this originally? Your seller led you sadly down a blind alley.

as you will know eBay will not be interested in this, you could try your payment provider but suspect it may be too late there too. 

you state item has one year warranty was this a manufacturers warranty? In which case have you approached them?

[hum_6517]

It doesn’t say anywhere regarding name and shaming? Unfortunately the product is made in china and has come from Germany. No manufactor details 

[papso22]

Presumably ebay were not aware that the seller was not in the UK when they mentioned consumer protection. 

[hum_6517]

They said I am protected they knew 

[papso22]

Then you will have to research how you are protected, or try Citizens Advice. 

[papso22]

The naming and shaming rule is covered by the forum posting rules.

[hum_6517]

Any help on who manufactor is 

[jckl1957]

Ebay staff may have confirmed that you are entitled to a refund under the Consumer Rights Act as you have bought a faulty product.

That is probably true.

However, as advised, you are too late to do anything through Ebay or your payment provider and you have to pursue your rights with the seller.

If you bought from a UK business seller, as advised, you can contact Citizens Advice and see what 'next steps' they suggest.

Alternatively, (again I would suggest this for a UK based business seller) you could send them a 'letter before action'.  Google for a template and post it to them using a tracked method.

[hum_6517]

I have their address. If I send a letter and hear no response what do I do next

[hum_6517]

I have already last month sent them an email and Facebook message regarding letter for action

[jckl1957]

Those routes have not worked so send an actual letter - a properly worded 'letter before action'.

That will give them a timeframe in which to respond.

If they don't, then you may have to take legal action to reclaim your money.

[jckl1957]

Although your item may have been sent from within the UK (or possibly the EU), the seller's account is based in China so, as far as I know, you won't be able to make a claim against them in the UK courts.

I should add, I don't in any way want to suggest I am qualified to give legal advice - I rely on Google.

It does look as if you have unfortunately lost your money.

I understand you were struggling with illness while trying to get a refund but you did need to promptly open a return through Ebay as soon as you realised the item was faulty.

Then, after 3 days, contact Ebay Customer services if you did not receive a label.

Proactively pursue your refund through an Ebay case using the Ebay Money Back Guarantee.