Beware buying on ebay

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That doesnt surprise me at all about your insurance company having that clause because insurers have a clause to wriggle out of everything. Makes me wonder why we bother paying any insurance at all. Waste of money if you ask me. You're one of the luck ones

 

[agcard]

Hi,
I recently sold a second hand Sony laptop on Ebay, all was good, advert, sale and delivery until the buyer had owned the laptop for 5 weeks before filing a claim against me for 'Goods Not As Described'
The laptop screen is now blank ( I replaced it 6 months ago ) and Ebay have supported his claim and told me to refund his money, so I now get a laptop back that doesn't work.....
Is this fair or even legal???

 

[trickygj]

agcard

On what basis are they saying you should refund the money?

The laptop must have matched the description i.e. working, as he had it for 5 weeks. Second hand goods are bought from private sellers with the understanding that they are not covered with a warranty/guarantee.

I would dispute this claim as the buyer accepted the goods.

Do you have a receipt for the scren? was it bought by it now or auction?

In answer to you last question, no it does not seem fair and eBay law is not the law of the land!

 

[agcard]

The listing explained that the laptop was in 'Good Condition' the hard drive erased and a fresh install of a genuine copy of vista, the screen had been replaced and there would be no guarantees or refunds.
It was sold as an auction item, they were obviously the winning bidder.
They complained that the laptop was not delivered next day when the listing said 5-7 days and it arrived on the 5th day, they left bad feedback for poor delivery and then filed a Not as Described case after 5 weeks saying the screen was blank..
Ebay said that as they hadn't seen the laptop before the sale or after they would not determine if the item worked or not and would side with the buyer. They were to return the laptop for a full refund within 10 days. I would receive it and make sure it was as expected and refund the money, the money had been frozen in my paypal account.
Obviously i am now getting my laptop back that doesn't work..
If anyone knows how i stand legally please advise

 

[trickygj]

agcard

I would ay that five weeks is too long to reject the goods and would argue with eBay and ask them on what legal basis they can request you to return the money. I would also send a copy to Paypal and ask them the same question regarding freezing your money.

A buyer of second hand goods takes the risk of them them not being covered with a guarantee because the law looks at it as they bought them at a cheaper price and so take on the responsibility.

I would at this point refuse to refund the money or accept delivery of laptop until they provide you with more information as to the legal basis.