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  #1  
Old 31st December 2009, 12:50 PM
aneles aneles is offline
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Default Faulty ebay purchase

Hi Im desperate for some advice.I purchased a laptop off Ebay last week for my daughters Xmas. We paid 200. However when we received it only works for 10 minutes before switching off. I contacted seller several times and he ignored every email I sent. I purchased a new battery-an additional 50 but still made no difference.I had no option but to start claim with Paypal since thats how i paid. After ONE day of investigating they decided in sellers favour not sure how the came to that decission so quickly and with NO correspondence from me. I have a video clip of exactly what it does and receipts from new laptop which we had to bu on Xmas Eve for my daughters Xmas. I dont know what to do when seller ignores my emails and Paypal have decided in his favour saying item was as described, which it clearly WAS NOT!! It wasnt listed as spares/repairs which it is Please help! As 250 is 250 I cant afford to lose!
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Old 2nd January 2010, 12:36 AM
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Tony Tony is offline
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Default Re: Faulty ebay purchase

Hi Aneles,

When you buy something from a private selling your statutory rights are limited. There is no requirement for an item to be of any particular quality - it is a case of buyer beware. However, if the item was misdescribed then you have a case. It really depends how it was described in the advert

Sorry, I guess this is not the response you want.

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Old 8th January 2010, 11:06 PM
Eagle Eagle is offline
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Default Re: Faulty ebay purchase

Aneles,

In addition to Tony's comments, if the seller was selling on ebay as part of a business then he will almost certainly be liable under s.14 of the Sale of Goods Act 1979 which states that goods sold in the course of business must be of a satisfactory quality. His ebay account may give you a good idea as to whether he is selling in the course of a business (look out for him selling lots of similar goods or any name etc under which he trades - it doesn't matter that he is not trading as a company).
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Old 4th March 2010, 08:56 PM
perplexity perplexity is offline
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Exclamation Re: Faulty ebay purchase

You could still sue the seller on your own behalf, and this is possible online, nowadays.

Nothing that eBay or Paypal does affects your right to do so as a consumer; all they're doing is applying their own rule, which is that "PayPal retains full discretion to make a final decision in favour of the buyer or the seller based on any criteria PayPal deems appropriate."

As to being "private", section 210 of the Enterprise Act defines a consumer sale, according to which a business includes "any undertaking in the course of which goods or services are supplied otherwise than free of charge".

When you proceed to a Paypal dispute all the transactions are treated on the same basis and so would the law for the same reason; the same contractual terms apply and that is what the law applies to, the contract.

If the evidence is sufficient to prove the case, a false description could be prosecuted as a criminal offence.
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