Claim for Damages?

[MCl]

Just after some advice please. Earlier this week I purchased some sublimation ink (ink that is used to print images to be used on mugs, t shirts etc from a seller on eBay. This ink is not the same as normal printer ink and cannot be mixed, even though it looks almost identical. I also purchased a new printer to only use for said printing.

I have printed before and know what I am doing so what I am about to say is not user error. To keep it brief I filled my brand new printer with this ink and printed a label and put it in my heat press to make a mug. The ink did not transfer to the mug. The only possibility it can be is that the ink, despite being sold as Sublimation Ink and labelled on the individual bottles, is NOT sublimation ink.

The issue I have is that I have put it in my printer which has just cost me £190 and rendered it useless as I cannot add a different lot of sublimation ink. Think of it like putting petrol in a diesel car.

I contacted the seller. They weren't very helpful just saying they had no other problems. I asked for compensation for my ruined printer, they refused saying they sold it in good faith. I said I had purchased it in good faith, and this was no way my fault and the onus was on them as a seller to make sure what they were selling wasn't fake and fit for purpose. If they stated it was sublimation ink then it should be.

I contacted eBay but all I could do was return the item, well the 4 empty bottles as the ink was in my printer. I got a return address of a shop. The seller refuses to give me their name or any other details. I only have the shop address as I asked to return. I don't think the seller realised their address would be given. On the eBay listing they are registered as private. They are selling all new items, including 12 lots of this ink, all but one sold in a couple of days since I purchased.I think they must be a business.

I have asked several times for details, whether they are a private or business. I have asked for compensation and have been told no sorry can't help. They have since gone quiet and I have been refunded through eBay. I have not sent the bottles back. For context the ink was £10 but it has ruined my £190 printer.

I have told them they need to respond to me by Monday please, or I will be taking them to a small claims court. Which I fully intend to do. Do I have a case. Any help and advice much appreciated please.

To sum up I have had a £10 refund. But the product supplied was not fit for purpose or not what I believed I was buying from the description.

[PallasAthena]

The litigation risk for you is that you will say it wasn't sublimation ink and the seller will say it was. In court the onus will be on you to prove (on balance of probabilities) that it wasn't sublimation ink. The seller doesn't have to prove it was. The usual way to prove what something like this is with an independent report that tests the ink that is left in your printer and confirms what sort of ink it is, 'expert evidence' if you like. Is that possible? If not, or if it is uneconomical, you could endeavour to prove your case other ways but you will need to decide whether you believe it would convince a judge.

[MCl]

Thank you. It just seems so wrong that they could sell me anything and when caught out just say oh well tough in a round about way and bung me my money back. It just doesn't seem right in principal and I want to protect other buyers. I think they had 12 lots, showing as sold 11 and one left. Does it make any difference if the item not as described is from a business?