Expired

eBay please

31
Found 17th Apr
Hi thanks in advance for any replies.
Last July I purchased a power tool off an eBay private seller. He stated was brand new with a 2 year guarantee when it arrived there was no guarantee in the box I messaged him and he replied he had it online and would deal with it should anything happen - I still have this email saved. Last month it started cutting out I messaged him he was very clever n asking what I expected after 7 months I asked for the guarantee says he hasn’t got it. I messaged the manufacturer they say need the guarantee so I’m stuck. I’ve rang eBay 3 times as I intended to take him to small claims court but they say they can only give me his Mobile not an address so what next..... ?
Community Updates
Ask
31 Comments
As a rule the guarantee is not transferable from the original owner so not sure the company would honour it anyway. Not that this helps sorry
Do not be put off by the above comment about non transferability of the guarantee which may well be correct but that was the sellers contract with his/her store.

Your contract was for a product with a guarantee. The seller must honour the contract struck with you and if the description said guarantee then it has a guarantee..

Start reading moneyclaim.gov.uk/web…ome Hopefully you wont have to do it but knowing it and stating may tip the seller and eBay's hands.

If you paid by credit card you may have S75 rights which.co.uk/con…act but if you used Paypal as an intermediary, you may have lost them.
It worked when you got it, it was a private sale. What grounds are you thinking of taking them to court under?
I think you're out of luck!

It is a private sale/purchase so not protected by any consumer law - just ebay/paypal T&Cs. 7 months is too long to put a claim in to either ebay (30 days to raise a case) or Paypal (180 days).

Nothing you can do except harass the seller!

If I'm buying anything identified as "new" from a private seller on ebay I look for a decent discount to the retail price to cover the risk should anything go wrong.
Edited by: "Van1973" 17th Apr
You should ask the seller for a screenshot of the invoice (which isn't hard, unless he hasn't got one).
Shengis1 h, 57 m ago

It worked when you got it, it was a private sale. What grounds are you …It worked when you got it, it was a private sale. What grounds are you thinking of taking them to court under?


It was sold with 2 year guarantee now I need the guarantee he is refusing even though I have an email from him stating he would deal with any problem
ccnp1 h, 59 m ago

Do not be put off by the above comment about non transferability of the …Do not be put off by the above comment about non transferability of the guarantee which may well be correct but that was the sellers contract with his/her store. Your contract was for a product with a guarantee. The seller must honour the contract struck with you and if the description said guarantee then it has a guarantee.. Start reading https://www.moneyclaim.gov.uk/web/mcol/welcome Hopefully you wont have to do it but knowing it and stating may tip the seller and eBay's hands.If you paid by credit card you may have S75 rights https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act but if you used Paypal as an intermediary, you may have lost them.


Thank you. Any ideas how I get his address though? I have his name. Email and Mobile number
kirstie28066 m ago

Thank you. Any ideas how I get his address though? I have his name. Email …Thank you. Any ideas how I get his address though? I have his name. Email and Mobile number


Data protection. They won't give it you. Is it on the original packaging you got it in?'
psychobitchfromhell1 m ago

Data protection. They won't give it you. Is it on the original packaging …Data protection. They won't give it you. Is it on the original packaging you got it in?'


Nope.
You could have opened a case with PayPal. Item not as described as it came with no guarantee as stated in the description. You'd have won easily even after months as the guarantee was missing right from the purchase date.

Unfortunately it's been over 180 days.

I guess there's not much you can do now.

You could look into doing a chargeback. There is a time limit on chargeback claims... 120 days from when you become aware there has been a breach of contract and 540 days from the date of the transaction. Not sure if this can be done if PayPal is involved apart from fraudulent use of the card.
Edited by: "hearts22" 17th Apr
kirstie280628 m ago

It was sold with 2 year guarantee now I need the guarantee he is refusing …It was sold with 2 year guarantee now I need the guarantee he is refusing even though I have an email from him stating he would deal with any problem



But you said it wasn't sold with a 2 year guarantee as the seller didn't have it. The problem as I see it, you accepted that at the time and private sales are 'sold as seen'. How much is the item worth? If not a lot then probably best to write it down to experience.
ccnp2 h, 28 m ago

Do not be put off by the above comment about non transferability of the …Do not be put off by the above comment about non transferability of the guarantee which may well be correct but that was the sellers contract with his/her store. Your contract was for a product with a guarantee. The seller must honour the contract struck with you and if the description said guarantee then it has a guarantee.. Start reading https://www.moneyclaim.gov.uk/web/mcol/welcome Hopefully you wont have to do it but knowing it and stating may tip the seller and eBay's hands.If you paid by credit card you may have S75 rights https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act but if you used Paypal as an intermediary, you may have lost them.


He's a private seller... He can't honour anything if he hasn't got the warranty to give to OP... He can't provide the warranty himself like a retailer would.
kirstie280657 m ago

Thank you. Any ideas how I get his address though? I have his name. Email …Thank you. Any ideas how I get his address though? I have his name. Email and Mobile number



Try putting the mobile number into Facebook search bar, you never know some link there FB to there mobile, and maybe just maybe you could acquire some info if you find him/her..?
As others have said you're SOL. You bought something from a private seller, whether it was new or not at the time yo bought it, it's essentially a second hand product when you bought it. If you were that worried about the guarantee, then you should have hassled him more at the time of purchase.

You'll get no joy from the small claims court as you've got nothing to claim about, caveat emptor and all that.
Used item with no warranty is pretty much what you get from a private sale.
Even if business seller PayPal or eBay won't help after 6 months, you should have verified the warranty at time of purchase and not now, your only way to get seller cooperation is threaten with court action and provide him with fake crime reference number hopefully get him talking.
No crime has taken place.
Fraud is a crime
alankfc0245 m ago

Used item with no warranty is pretty much what you get from a private sale.


It was new not used
kirstie28063 m ago

It was new not used


It may well have been sealed in a box, but as you bought it from a private seller it’s not new. They bought it new and sold it to you, you bought it second hand.
What fraud has taken place? The Item has been bought from a private seller. Warranties are normally only valid to the original purchaser and not transferable.
The only issue is that she didn't open a case at the time as the item wasn't as described... since it came with no warranty and the warranty was in the description.

If she had opened a case instead of trusting the seller's word that he would sort it out online then she wouldn't be in this position now.

She doesn't want the seller to refund. She just wanted the warranty like he promised. I can see why she's angry now and wanting to take him to court.

@Cakeboy79 Item is classed as new if it's listed as new. It's only second hand when it has been used before.
Doesn't matter if the seller bought it from someone else to sell on. It's new and if it's faulty or not as described in any way when the buyer opens it then they have to refund.

There is no sold as seen when it's not cash on collection. You can't "see" the item before paying if you're not collecting it. If an issue is found after the sale the buyer can claim for a refund if the item was paid via Paypal.

@alankfc02 That's not the point... the seller wrote the item came with a warranty in the item's description at the time. This is a selling point. The item should have included a useable warranty and the buyer would expect one and rightly so. The seller shouldn't have mentioned it then if it wasn't transferable. That's the seller's problem.

eBay would have easily sided with OP if she had opened a case at the time.
Edited by: "hearts22" 18th Apr
@hearts22 - the item is only considered new by the seller and the buyer. As the seller was a private seller they do not have to offer a warranty on their item as it's considered to be a second hand sale. If the seller was a registered business then there's different requirements on them. Under eBay's rules, the buyer could and should have opened a SNAD case at the time and they would have been covered under the buyer guarantee, but 9 months down the line they have no comeback and no legal position to fall back on.

@smarti2006 - the fraud act specifically mentions caveat emptor for prosecutors to consider so a private sale through an online auction site would certainly fall under this and I suspect any legal action would not end productively for the buyer

Yes it sucks, yes it's technically not right, but unfortunately that's life sometimes. Maybe substitute the word life for eBay

Sorry OP, but I don't think you've got much to fall back on if the seller isn't prepared to give you the warranty details. Have you tried contacting the seller and asking him for at least a date of purchase and you could try taking that to the manufacturer
Is the seller currently selling any items on eBay?, if so you could sneakily contact him (or a friend) pretending you live locally and would want to collect item, then ask for his address or at least postcode and find him via the electoral role or 192.com.
Edited by: "Toptrumpet" 18th Apr
Buying something new off eBay doesn't make it second hand , how does the manufacturer know where it was purchased , it could have been a gift
When you bought it you should have got the warranty he was advertising
When he didn't supply it you should have opened a not as described case on PayPal
Unfortunately now is to late
A lot of manufacturer only accept warranties if bought from a authorised seller which a private seller on Ebay is not. By law this is classed as second hand so without proof of purchase from the original sale you wont get very far.
Cakeboy795 h, 10 m ago

@hearts22 - the item is only considered new by the seller and the buyer. …@hearts22 - the item is only considered new by the seller and the buyer. As the seller was a private seller they do not have to offer a warranty on their item as it's considered to be a second hand sale. If the seller was a registered business then there's different requirements on them. Under eBay's rules, the buyer could and should have opened a SNAD case at the time and they would have been covered under the buyer guarantee, but 9 months down the line they have no comeback and no legal position to fall back on.@smarti2006 - the fraud act specifically mentions caveat emptor for prosecutors to consider so a private sale through an online auction site would certainly fall under this and I suspect any legal action would not end productively for the buyerYes it sucks, yes it's technically not right, but unfortunately that's life sometimes. Maybe substitute the word life for eBaySorry OP, but I don't think you've got much to fall back on if the seller isn't prepared to give you the warranty details. Have you tried contacting the seller and asking him for at least a date of purchase and you could try taking that to the manufacturer


I know that... The warranty mentioned is the manufacturer's warranty that the seller said was included but was not. Probably a piece of paper that the manufacturer wants to proceed with the repair... For example with my Dyson vacuum cleaner there was a card to fill in for the warranty. Is that clearer now?

Yes, of course now it's too late to do anything...
Edited by: "hearts22" 18th Apr
alankfc0245 m ago

A lot of manufacturer only accept warranties if bought from a authorised …A lot of manufacturer only accept warranties if bought from a authorised seller which a private seller on Ebay is not. By law this is classed as second hand so without proof of purchase from the original sale you wont get very far.


That's what she needs. The warranty card, I believe, that came with the item... The seller didn't include it instead. Too late now to do anything about it.
Edited by: "hearts22" 18th Apr
Many tools start cutting out when batteries start holding little charge due to frequent charge, did you look into that op ?
If you wanted a real guarantee, you should have bought from a proper store. Chalk it up to experience and move on.
As above. If it is a private seller it is classed as second hand even if it is new in packaging, there is no guarantee. It's exactly the same as if you had purchased this from a carboot or local ad.
Unfortunately, as some of the above comments show, many people use Ebay without understanding its market, if it is a Private Seller it is someone selling off their things, ie second hand goods. It's Ebays fault by not making it clearer to buyers when they register to use the site, this causes problems for both buyers and sellers.
The fact your seller lied to you by saying they would help is irritating but there's nothing you can do about it. I'm very surprised Ebay said they would give you his mobile number, in fact Ebay should be telling you exactly what people on here are telling you, that it had no guarantee and seller does not have to help you.
Post a comment
Avatar
@
    Text

    Top Discussions

    Top Discussions

    Top Merchants