Posted 3 January 2024
Need a bit of advice about a faulty product
So I purchased a monitor 34 days ago for a Christmas gift via eBay (box. Co. UK seller).
The item went faulty after a few days use.
I am 4 days too late to open a return on ebay.
The manufacturer has point blank refused the return saying "this is a used item bought in Ebay".
It wasn't, it's brand new from a reputable retailer.
What would be the next step in tackling This?
UPDATE: box.co.uk offered a refund. Unfortunately it'll mean for me to get another one it'll cost me another £30+ more.
Also, after pushing the manufacturer into explaining how they determined it was a used product, they've now apologised for saying its a used item and isn't covered. They've now offered to cover it.
The item went faulty after a few days use.
I am 4 days too late to open a return on ebay.
The manufacturer has point blank refused the return saying "this is a used item bought in Ebay".
It wasn't, it's brand new from a reputable retailer.
What would be the next step in tackling This?
UPDATE: box.co.uk offered a refund. Unfortunately it'll mean for me to get another one it'll cost me another £30+ more.
Also, after pushing the manufacturer into explaining how they determined it was a used product, they've now apologised for saying its a used item and isn't covered. They've now offered to cover it.
Community Updates
25 Comments
sorted byYou can reject the goods within 30 days of receipt - check the number of days since received (repeat: received; not since order date).
If outside the rejection window, the trader is obligated to resolve genuine faults either by repair, replacement or refund at the trader's choice.
Would be prudent to absolutely confirm a fault is present prior to contacting trader - especially as it could be interpreted you sat on the fault for most of Dec.
Edit to convey positivity:
not aware of any indication that Box would shirk its statutory obligations. (edited)
citizensadvice.org.uk/con…ds/
Message the seller via eBay messages and explain the issue. Box are a big retailer who will not do you dirty after 30 days
My argument isn't with box.co.uk as such but with the manufacturer. They've refused the repair under warranty as they claim it's a used product (something box. Co. UK completely deny). I want to tackle the manufacturer head on with this.
OPs natural route to resolve is via trader not involving payment mechanism options.
Not aware of any indication that Box would shirk its statutory obligations.
You may be able to coerce the manufacturer to show an interest, but it is not possible to enforce a manu warranty claim.
An earlier suggestion of obtaining an invoice from Box would be a good starting point to credibly show a formal new product business-to-consumer sales contract.
This assumes the manu warranty terms do not include exclusions related to auction site purchases - regardless of new product b2c sale or not.
Using OP terminology:
consumer law covers redress from the trader, and the trader has offered an appropriate solution (respect to trader).
If OPs preferred route is non-enforceable manu warranty:
the "obtain invoice from trader" suggestion may provide an angle to coerce a positive response from the manu.
Note the trader is not obligated to provide an invoice unless the buyer is VAT-registered;
and if the buyer is VAT-registered this would typically exclude the b2b purchase from consumer warranty service.
The trader is only required to provide a payment receipt, which OP already has via ebay.
The trader may be comfortable - even keen - to provide an invoice as by doing so it may result in the trader not having to refund, arrange any return etc.
If wishing to throw around wild conspiracy theories:
consider the manu is entitled to set whatever terms it chooses within its voluntary warranty.
It may be worth checking the terms of the manu warranty as it may exclude 3rd party / intermediary sales,
where a purchase of a new product via a platform will have a payment receipt showing the payment was directly to the platform (ebay), not directly to the trader.