WARANTY SAGA

[fastrack1966]

I've just cancelled an order for a brand new item in the UK. At the last minute before driving to collect I found that the seller is only offering one month's warranty. How can sellers in the UK get away with this and why would anyone buy new based on a one month warranty? The seller is a business.

[tobiasd4]

Ebay never get involved with warranty beyond their own 30 day MBG. 

Although you have consumer rights when buying from business seller, it is often difficult to enforce them no matter where you buy from.

[fastrack1966]

I'm not asking for EBay to get involved. Are the UK's regulatory authorities not aware of this loophole. I.e. business sellers flouting the regs and doing what they like?

[tobiasd4 · Accepted solution]

You will need to take that up with UK regulatory authorities.

As said, ebay won't help.

You buy from a seller, not ebay themselves.

All ebay listings say this:

"Seller assumes all responsibility for this listing."

[john1297576]

So if he had offered a 12 month warranty you would have bought, despite the fact that enforcing the warranty would probably be worthless.

Ebay is not responsible for warranties, when a seller does not honour a warranty the usual advise is to consult Citizens Advice, they do have contact with Trading Standards, so may work out for buyers.

[fastrack1966]

I'm not sure why enforcing a warranty is worthless. If it broke in three weeks I'd get a refund. With a longer and legal warranty, e.g. 12 months, I have a longer refundable life for the item. That is to the buyer's benefit.

[fastrack1966]

That is ovbious, but it is not an impossible database query task to filter out every listing that is new and sold with a short warranty. Then either warn the seller and-or block the listing. There must be hundreds of ways Ebay staff monitor listings-sales-purchases, one more query won't be an insurmountable task. Ebay are virtually saying "We know this looks dodgy but sort it yourself". 

[*vyolla*]

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@fastrack1966 wrote:

I'm not sure why enforcing a warranty is worthless. If it broke in three weeks I'd get a refund. With a longer and legal warranty, e.g. 12 months, I have a longer refundable life for the item. That is to the buyer's benefit.

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Any warranty offered by any seller anywhere is only ever going to be as good as your ability to enforce it if required.

How would you do that after 30 days?

[fastrack1966]

1) Send the item back and report to Trading Standards, or the C.A.B. first is the process now I beleive.

2) Send it back demand a refund quoting your statutory consumer rights and threaten to sue if they ignore you. Of course all this depends on the value of the item - is it worth it - and assumes it was bought within the UK. Sellers in the UK are not exempt from UK regs because they operate through Ebay.

[arkwebus]

As @tobiasd4 says eBay will not get involved.  Buyers purchasing from business sellers are protected by law but trying to enforce those rights by a private customer is difficult and may involve opening a court case. Even "winning" the Court Case does not mean that you will get money back.  

The "authorities" who used to deal with this aspect have been starved of funds and suffered cuts.  In some locations Citizens Advice "gatekeeps" for Trading Standards and decides whether even to pass queries on!   @fastrack1966 

[fastrack1966]

OK so another route is to name and shame in the Community. I'll wait for my refund though before doing that!

[tobiasd4]

"OK so another route is to name and shame in the Community."

It is against board policy to name and shame,

if you do it, your post will be removed & maybe you also be banned.

As we keep pointing out, Any warranty is between you & seller, ebay will not help.

[*vyolla*]

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@fastrack1966 wrote:

1) Send the item back and report to Trading Standards, or the C.A.B. first is the process now I beleive.

2) Send it back demand a refund quoting your statutory consumer rights and threaten to sue if they ignore you. Of course all this depends on the value of the item - is it worth it - and assumes it was bought within the UK. Sellers in the UK are not exempt from UK regs because they operate through Ebay.

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There's nothing to report, from what you've said in your opening post there was no warranty offered. If you send the item back and get no response you're then stuck with the legal pathway, which you have no grounds for and will just be throwing good money after bad. 

If you want a years warranty for an item best buy from a reputable online brand's website or store or a licensed outlet.

If you fund a payment with a debit or credit card you'll get 120 days to issue a chargeback. 

If you pay the seller direct via credit card and the item is over £100 you're covered for ages by Section 75 (this doesn't work via a third party checkout such as eBay or payments via PayPal, unless it's PayPal credit).