Buying a faulty appliance via private seller on ebay

[redhotchestnut]

I have just bought a faulty appliance (horse back massage machine) from a seller on ebay, and didn't realise it was faulty until I got it home, and began to use it. It was described as "in excellent working order" but I've had it confirmed by the manufacturer that it is faulty.

The seller still claims it was in excellent working order when she had it and prior to sale. So she will not be prepared to take it back and refund, nor contribute to getting it repaired by the manufacturer.

Is there anything I can do now? Other than just dip in my pocket further and pay out for it myself, or keep it as it is - yes it still works but not properly. The seller doesn't see what the problem is - as it works? Which sort of leans me towards maybe it wasn't a problem for her!

[Tony]

Hi,

This is a common source of complaint, see this extract from a guide we have produced to shopping online.

Buying goods from online market places

Here we are referring to Internet auction sites such as e-bay, or other online market places, such as the ‘sell your stuff’ section of Amazon. In these instances, you are not buying from the sites themselves, but from individuals who have put their possessions or products up for sale on those sites. This has risks in itself where those products cannot be verified, but it also has important implications for your consumer rights.

Your statutory rights demand that any item you buy from a retailer or manufacturer must be of satisfactory quality, fit for purpose, and conform to the description given in any sales literature. However if you buy from an individual in the context of a private sale, the first two of these three rights do not apply, and this is a common cause of complaint. E bay offer lots of information on how to shop safely on their site including checking the seller’s feedback ratings, whether the item is covered by PayPal Buyer Protection, and what returns policy is offered. See: eBay UK: Safety Centre: Buying Safely In the event that you have received a mis-described, poor quality or faulty product, or if the item was never sent, report the matter to e-bay who will then take steps to ban that seller from any further trading.

Do remember however that not all transactions from these sites are with private sellers. Many are established businesses (e-tailers), and any dealings with them will be subject to your full statutory rights as well as a 7 day cooling off period under the Distance Selling Regs

In your case it is clear that the seller has breached the Sale of Goods Act "conform to the description given" by describing the product as being in excellent working order.

Let us know how you get on

Tony

[katealpha]

eBay have their own dispute resolution procedures which I would recommend trying. This will at least cause your seller to start getting official emails from eBay saying you have activated a dispute resolution so the seller will know you are serious.

I have only ever used this from a seller point of view though when a buyer never paid me, but I did get my eBay fees refunded as a result.