Seller selling an item that has been issued with a defect notice

[copper2547]

E Bay has advised me of a defect notice on an item I purchased last Sept. The seller is refusing to refund or replace hiding behind Ebays refund period

Also Ebay is trying to ignore its obligation to the buyer

[red_magpie]

By defect notice I take it you mean a safety recall notice?

If it's outside eBay's own 30 day money back guarantee I'm afraid that eBay will not get involved, beyond passing on the notification. Any action required is the responsibility of the seller or manufacturer.

The user agreement limits eBay’s obligations to its 30 day guarantee. Other than this, it  makes clear that transactions are between the seller and the buyer. eBay even warns buyers that "they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions".

You accepted this as one of the risks of buying from unknown sellers here. eBay is a jungle.

You haven't told us how you paid, but if by credit or debit card it's possible that your card issuer may be able to help - even if you paid indirectly through PayPal.

[jckl1957]

If you bought from a UK business seller, it might be helpful to contact Citizens Advice and see what your rights are.

You can then write to the seller (use a tracked service) and explain what you expect them to do.

As far as I am aware, Ebay are obliged to inform buyers of product recalls and safety issues, but any claim has to be made against the seller.

[copper2547]

Ebay were vague as to possibilities, I am aware of a section 75.My credit card is named as a backup to payments, not sure of banks stance.Last resort is a simple procedure ( small claims court)Sent from my GalaxySent from my Galaxy

[jckl1957]

As I advised, because I am not sure what the rules are in this case, I would check with Citizens Advice. especially if you are considering the expense of using the small claims court.  Again, I would suggest finding out what your rights are and then writing to the seller (or contacting the manufacturer) to explain the issue and ask for their response.

A quick google shows that your rights are limited and you may only be entitled to a repair or replacement.

This is a summary from a reliable website:

What are your legal rights?

Under the Consumer Rights Act 2015 you are entitled to a full refund within 30 days after that time could be repair or replacement. If the item was bought after the 1^st October, Sale and Supply of Goods Act 1994.

The “General Product Safety Regulations 2005” dictates that manufacturers must make arrangements for the collection and/or return of the product for destruction from consumers who have purchased the product.

When a manufacturer issues a recall, they are effectively saying that they have identified issues with a number of goods produced from a specific batch on the production line. It does not automatically mean that the item in your possession is one of the problem items, however it is a warning and sometimes an offer of a modification is provided. It is not a legal requirement and the majority of times, a manufacturer will issue a recall to limit the number of negligence claims made against them.