hello, i bought an item that was not fit for purpose, seller non responsive..anything i can do

[nigel8708]

i bought a pair of motorcycle boots, these were new...after a couple weeks and only the second time of wearing them, the securing strap fell off and was lost..seller asked me to supply pictures, which i did, but has not responded to any of my messages...this has now been dragging on for 2 months as they were " out of the office "...i want a refund as these boots are not fit for purpose and possibly even dangerous to whom ever is wearing them...any help gratefully received

[m25jet]

If you've let the seller drag the case out for two months then it's too late to do anything about it via the eBay Resolution Centre.  However, you do have another option open to you in order to get your money back.  Open an Item Not Received case against the seller via PayPal, making sure that you escalate the case after two days but before the twenty day cut-off point.

Don't be suckered by the seller into waiting too long for an amicable solution to the matter and don't let him talk you into closing the case on false promises that he'll resolve the matter on the condition that you close the case.  This is your last chance to get your money back, so if you don't escalate the matter to PayPal in time and the case times out then the seller will get to keep your money and you will have ended up paying for a pair of motorcycle boots that are of absolutely no use at all.  If you let that happen then you might just as well have taken the money that you spent on these motorcycle boots and set fire to it.

So long as you handle the case correctly, making sure that you escalate the matter to PayPal after two days and don't allow the case to get to the twenty day cut-off point before you escalate it, then you ought to receive a 100% refund of the money that you paid to the seller for the defective motorcycle boots.

[nigel8708]

thanks for that, i will get on it now...i didnt let the seller drag out anything, they responded to my first message but subsequent messages got an automated out of office reply...i had no other way to contact them

[m25jet]

So that you know for the future, if you ever find yourself in the situation where you've opened a case in the eBay Resolution Centre but the seller has just put up an Out Of Office autoreply, then just escalate the case to eBay after eight days for them to review and make a decision upon. If you have to escalate a case to eBay then once they realise that the seller has failed to resolve the matter within the given timeframe eBay will just force the refund and you would get total refund of the money that you paid for the goods.

With regards to the Out Of Office autoreply, the seller more than likely put that up as a stalling tactic so that you couldn't get through to him in the hope that the case would time out, which it did, thus making it too late for you to pursue the matter via eBay. The seller may well try to pull that trick again via PayPal, so if he does just escalate the case regardless and you'll get your money back in full.

[nigel8708]

thank you for the advice...most helpful....ive done the paypal thing and will escalate on monday, unless i get my money back, of course :)....i wish there was a way to change the feedback i left

[rusticrye]

Good morning, Nigel.

Ebay's Money Back Guarantee, along with PayPal's Buyer Protection, can legally only cover items which are damaged, faulty or not as described on receipt.  Ebay and PayPal (or any payment processor) cannot possibly assist with items which you report as problematic further down the line, as they can have no idea who is at fault - you for misusing the item, or the seller for supplying substandard goods.  Only a judge can make such a decision.

But Ebay's MBG and PayPal's Buyer Protection are generous extras to your consumer rights - they don't replace them.  If the seller is a UK business seller, go to the CAB's website to learn what to do ('before action' letter by Signed For post, followed by Small Claims court if necessary) just as you would when dealing with an unhelpful retailer in your local mall.

If the seller is not in the UK, or is simply a private seller clearing his wardrobe and attic of no-longer-wanted possessions, there is nothing you can do, I'm afraid.

@nigel8708 

[john1297576]

You are probably to late to open a Paypal Case for not as described, like ebay it is condition on arrival, not two months. Opening a Not Received case with Paypal, you would automatically lose if seller has added tracking proving delivery. Ebay goes to the trouble of putting the Money Back Guarantee on the top right of every listing, yet it appears that most buyers do not bother to read it and allow sellers to run rings round them so they cannot get a refund.

[red_magpie]

this has now been dragging on for 2 months

Then it's too late to do anything.

EBay's money back guarantee only lasts for 30 days.

PayPal only covers faults present on delivery, not those which occur in use.

If you think you can exercise your statutory consumer rights, good luck to you.

Buying on eBay isn't like the shops.

[arkwebus]

You absolutely do not need to contact them!   There is no need for photos and other such delays.  You open a case in eBay's resolution centre and after 8 days [for instance if he is out of the office] you escalate the case.  EBay would have refunded you without return.

Open a paypal case. Ignore the seller totally and escalate to PP after 2 days and before 20 days. 

Miss that deadline and kiss goodbye to the refund I'm afraid!

@nigel8708 

[nigel8708]

thanks bud, got the same advice from someone else too so have opened a case with paypal....ill escalate on monday 🙂