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e-bay sale

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  • e-bay sale

    can anyone help on this matter please urgently please?

    Due to bad weather over christmas period 2010, e-bay were advisin all buyers to get things and not miss the christmas post due to bad weather etc.
    We bought an item on 23rd november, which was lego animated camcorder for my son.
    It was a christmas present so it was not opened till christmas day which is when we had problems with it, which was around 20 days before christmas wen it arrived.

    we contacted the software company because it was not workin on our computer and altho our computer has everythin needed to be able to use it, it just wasnt happening so the software company advised us to get refund.
    Thats wen we contacted the buyer who was not having none of it.
    I stated that she never mentioned it was not compatible all all computers so therefor I thought it would work on our computer so she failed to advise us correctly.
    she said e-bay have 45 day window to complain but we were outside that window by many weeks which means our time to complain started on day of delivery of the item.
    I have contacted e-bay about the 45 days window to complain because in reality, we didnt have that amount of time due to buyin it early as they advised due to the hectic weather conditions, but they have not replied yet and I have stated to the seller that we did not come straight to her to complain but we had tried everything before complainin until we were advised we should get refund.

    are we entitled to refund?... I think we should be but Im havin terrible time with seller.

    can anyone help please?

    thanks
    Tags: None

  • #2
    Re: e-bay sale

    Hi Poochie I honestly don't think you are entitled to a refund hun, where I used to work software could only be returned if faulty within a month but its not faulty by the sounds of it.

    I can see your point of view BUT I can also see the sellers as well, you could have asked if it was compatible with yout computer and if I were the seller I wouldn't give you a refund either after all that time. Did you pay a lot for the item?

    You may just have to just chalk this one up to experience I'm afraid. x

    Comment


    • #3
      Re: e-bay sale

      When did you complain? 23rd November till 25th December is only 32 days so if you have a 45 day window that gives you till 7th January.
      Is no longer here

      Comment


      • #4
        Re: e-bay sale

        Originally posted by poochie View Post
        can anyone help on this matter please urgently please?

        Due to bad weather over christmas period 2010, e-bay were advisin all buyers to get things and not miss the christmas post due to bad weather etc.
        We bought an item on 23rd november, which was lego animated camcorder for my son.
        It was a christmas present so it was not opened till christmas day which is when we had problems with it, which was around 20 days before christmas wen it arrived.

        we contacted the software company because it was not workin on our computer and altho our computer has everythin needed to be able to use it, it just wasnt happening so the software company advised us to get refund.
        Thats wen we contacted the buyer who was not having none of it.
        I stated that she never mentioned it was not compatible all all computers so therefor I thought it would work on our computer so she failed to advise us correctly.
        she said e-bay have 45 day window to complain but we were outside that window by many weeks which means our time to complain started on day of delivery of the item.
        I have contacted e-bay about the 45 days window to complain because in reality, we didnt have that amount of time due to buyin it early as they advised due to the hectic weather conditions, but they have not replied yet and I have stated to the seller that we did not come straight to her to complain but we had tried everything before complainin until we were advised we should get refund.

        are we entitled to refund?... I think we should be but Im havin terrible time with seller.

        can anyone help please?

        thanks
        Was the seller a business?

        Or were they private?

        you may well be protected by the Sale of Goods Act 1979 (as amended) and also you may well have remedies available for breach of contract as well
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: e-bay sale

          I hope you find you are protected. However, if not, make sure you spell it out loud and clear in negative feedback what happened. If a business seller her account will be frozen for a period of time, if private people will look on her unfavourably. I always check a person's feedback before buying on e bay, and as a private seller, to be honest there's no real reason not to have 100% or very very close to it.

          Comment


          • #6
            Re: e-bay sale

            Did you pay by Paypal?

            Have you opened a dispute with Paypal?

            That is by far the best way of resolving your problems, and a small positive against all of the negative about Paypal.

            I have twice invoked a dispute which was resolved in my favour both times. It perhaps helps that I have a high 100% feedback.

            Comment


            • #7
              Re: e-bay sale

              Hi Volvodriver ... I think that is part of the problem ....... You have 45 days from the date of the transaction to open a dispute in the Resolution Centre....... and that time has passed.

              Caspar ..... the Ebay feedback is not always the way it seems. I have sold lots of items on there and quite a few times I have received emails afterwards telling me the items are not wanted now and if I do not give a full refund plus postage then I will be given negative feedback saying the items are faulty or not as described etc !!! Nothing wrong with the items .... just no longer required or in one case .... it was given as a present and the person receiving it simply did not like it!!!!!
              Onwards and Upwards

              Chalkitup

              Comment


              • #8
                Re: e-bay sale

                i paid by paypal.
                the lass was private seller with 92.something feedback and she has changed her name 11 times.
                she sold 7 of the cameras in question and 3 got refunds coz they couldnt get them to work either. I contacted the buyers to see if it was just me havin probz or not but I was not rude or anythin...I just asked if theirs worked and said mine wasnt and wondered if they had proper settings to set it up to my computer....they were havin same bother as me but complained within the 45 days.
                I bought early due to seriously bad weather so I thought e-bay would take this into consideration when it came to complaints by opening the window for time to complain..... This is what I feel is very unfair. we did not complain straight away, we tried everything before goin back to seller who had already refunded others for same problems.
                we complained 2nd week in january because we were corresponding with software company to try remedy situation..... they instructed us to get refund and said the seller should have mentioned it was not compatible on all machines.

                Comment


                • #9
                  Re: e-bay sale

                  Did you pay by Paypal using your debit card? If so, it might be possible to use the Visa chargeback scheme?
                  Is no longer here

                  Comment


                  • #10
                    Re: e-bay sale

                    yes I think so wendy..... we pay by paypal and they collect money from our debit card details...
                    how do I use the charge back scheme?

                    Comment


                    • #11
                      Re: e-bay sale

                      I'm not exactly sure, I think you have to contact your bank and tell them you wish to do a Visa chargeback. If you search the site on here, put in "chargeback" in the search option, no doubt something will come up, as I know there are people on here who have successfully used it.
                      Is no longer here

                      Comment

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