eBay Sellers Rights

docomoyo

New Member
Nov 8, 2011
2
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0
In 2008 I purchased a top of the range Sharp Plasma Flat screen television. With the deal I was give a FREE Sharp Blu-ray Player with Built in Wireless (WLAN) connection. I didn’t want the player but accepted it as it was part of the bundle deal. I have never opened the unit and it remained in my garage until recently.

I recently sold this unit on eBay and I was delighted! The buyer paid on time and I dispatched the item via myHermes. This is where my problems have started.

The person I who brought the item is in the media production and broadcast profession. He apparently connected the Sharp Blu-ray Player up and it did not perform as it should have done. Over the next 3 days I received the following message from him:

On Day 1, I received this message ::::: “Hi, not very happy, have tried this unit and not all functions work properly, I have taken it to a broadcast engineer to have it checked and he has noticed two cracks in the power board, it looks like poor manufacture---one crack has dislodged the current feedback IC and now will never work properly again. Under these circumstances I will want my money back and the return postage to you”

On Day 2, I received this message ::::: “I have sent you two e mails regarding the Blu-ray Player you sent, but so far no response and now not happy, this item was faulty before you sent it and I have proof from a broadcast engineer of the fact. If you feel no returns covers you, I have to tell you it does not as the item was ( not fit for purpose ) the legal term”

On Day 3, I received this message ::::: “When your unit arrived you stated it was brand new, however it was in an open box not sealed as it would have been if new! this unit had been opened so not new in unopened box as stated. When I put this unit on test the scaling was unstable after about 1 hour and got worse when left on, I have an independent engineer who does work for me, I asked him to have a look at the unit, he took the top cover off to see if there was anything loose, he found part of the power supply printed board broken, this was a manufacturing fault from new or the unit has been played about with. In law I do not have to prove the unit was brand new, you have to prove it was ! as per your description, sale of good act states, brand new is as if purchased from the retailer, this clearly was not the case, as well as it being faulty”
Do I have to give this man a refund? Before you answer that let me give you an example. Let’s assume I purchased the same item from John Lewis. I take this unit home and discover it wasn’t functioning in the manner I expected it to function. I get my screw driver and open it up to see if I can see anything obvious. I can’t so I take it back to John Lewis and tell them I opened it up and took the cover off. Do you think it is acceptable for John Lewis to give me a refund?

I feel I do not need to give this man a refund because he opened up the unit, in fact the term I prefer to use is he has “tampered” with it. How do I know he hasn’t created more problems than might have existed Note from his messages, it took him 3 whole days to bring to my attention about the unit not begin as described, “Brand New”, a visual observation not a technical one. Personally I find this a little odd, like he’s found a sure definite route in order to demand a refund.

I would happily give this man a refund if he received the Blu-ray Player, plugged it, discovered it wasn’t functioning as he expected, put it back in the box and then simply got in touch with me requesting a refund. But this is not the case, he has tampered with it!

I would welcome some advice from my fellow members on this site.
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
docomoyo

I have to agree with you.

If you sell something then in the first six months the buyer doesn't have to prove the fault, it is deemd to have been sold with the fault. If over six months the buyer would have to get an expert opinion if the seller disagreed and would not refund/repair/replace.

However, if you buy something that is faulty you do not open it up, particulalry when it is something delicate and electrical like this. This would void most manufacturers warranties. If the unit was still under warranty you could have sent it back in your name got it repaired etc and then sent it back to the guy or resold it. In opening it up the warranty would be more than likely be void now.

It should be sent back as bought. In fact it should have been returned when he realised it was not new and unopened as at that point it was not 'as described' and he was entitled to a refund on that basis.

I would hold out that you are not prepared to refund due to his mate opening it up and doing his own inspection.
 
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KimE

New Member
Nov 4, 2014
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Hi

My name is Kim, I work on a daytime show at ITV, ‘Judge Rinder’. I’ve just come across you case on here and thought the programme may be of interest to you.

ITV are looking for people who would like to settle their disputes or claims in the second series of court show Judge Rinder.

If you are interested then please drop me a message with a brief description, or you can call me on 0161 952 0961

We look forward to hearing your case!

Many thanks, Kim