Buying goods on ebay

[case2014]

I purchased an electrical item on ebay. The scanner's item description stated that the item was "Used.....but is fully operational and functions as intended...."

Within the advertisement the business seller stated that the item was not supplied without a power supplpy and was"Used untested". In order to obtain a lower price and I contacted the seller beforehand and suggested a figure as the item was without a power supply and untested. I assume that it was not tested because there was no power supply etc.

Anyway, the item was faulty and I requested a refund. The seller refused saying that the item was as described. However, I do not agree that "Untested" can be construed as meaning faulty.

The seller is a business and has a duty under the Sale of Goods Act to supply goods that a fit for purpopse etc and whilst they escape liability if they draw your attention to a fault I do not see how untested can constitute drawing my attention to a specific fault.

Further the seller's item condition states that they item was fully operational. Any ambiguity should be construed against the seller. I believe his conduct is misleading and wholly unfair and contrary to the Consumer Unfair Trading Regulations.

Ebay ruled in his favour saying that the item is as described but decision is clearly wrong. Any advice would be welcome. Thank you.

[Tools]

Re: Buying goods on ebay

Unfortunately "Untested" means just that. It was untested, meaning the seller gives no indication as to whether the item was functional or faulty, the risk is placed entirely on your behalf and is entirely your choice as to whether to buy or not. In these cases it is always best to assume the item is faulty.

[des8]

Re: Buying goods on ebay

I understand that business sellers of second hand electrical equipment may only sell appliances that are correctly fitted with an approved plug fitted with sleeved wires and the correctly rated fuse.
The items must also be tested for safety and bear a label with testers initials and date to indicate it's safe
Relevant legislation:.Electrical Equipment (Safety) Regulations 1994
Plugs and Sockets etc (Safety) Regulations 1994

A call to trading standards may be in order

[case2014]

Re: Buying goods on ebay

Thanks DE8 I had a look at the Electronic Equipment (Safety) Regs and second hand goods are excluded if they have previously been tested.

Tools has missed the point that I made in my original post the seller is a business seller and stated that the item was fully operational and the proceeded to state it was untested. The seller also has duties under the Sale of Goods Act and "untested" does not in my view equate to drawing a consumers attention to an item being faulty.

The starting point is the Sale of Goods Act and the businesses obligations to supply goods that are fit for purpose etc.

[Tools]

Re: Buying goods on ebay

Tools has missed the point that I made in my original post the seller is a business seller and stated that the item was fully operational and the proceeded to state it was untested. The seller also has duties under the Sale of Goods Act and "untested" does not in my view equate to drawing a consumers attention to an item being faulty.

The starting point is the Sale of Goods Act and the businesses obligations to supply goods that are fit for purpose etc.

You are entirely correct, apologies I did miss that.