Bought new from trader on e-bay, now broken - what to do?

[Black Sheep]

Ok, I bought the wife's christmas present as a new item via e-bay from an e-bay shop. The item arrived in good condition and was as described, however today it broke during use and in such a way that it is no longer fit for purpose.

So far I have contacted the seller to find out it he is willing to exchange it, what are my options if he refuses?

E-bay no longer recognises the item number, it doesn't show in my purchase history (I thought the point of archiving past purchases is for this reason, apparently not) but I do have the pay pal receipt.

My belief is that distance selling regulations are in effect and that it is essentially under warranty etc since it has failed in use.

 

[MattHB]

What is it? Does it have a manufacturer warranty? Be aware that a lot of products have an eBay sold exclusion on them.

 

[MrJamie]

I think it depends on what it is, how it broke and whether its expected or reasonable for it to break in the way it did and what the reasonable expected lifespan of said item is. More information would really help, if possible

 

[Over The Hill]

I have found ebay traders much better than High Street shops for returns. They have always come through and sorted it out fine. So hopefully it will be OK.

 

[Black Sheep]

it's not got a manufacturer warranty that I'm aware of,

I'd expect it to last easily a year or more and the way in which it broke was under normal usage and I wouldn't expect it to break in the way it has, it's broken where two parts are attached together.

 

[Andrew_P]

You bought it over 90 days ago? That how long a sale will hang around for.

I am pretty sure the retailer is only obliged at or before 28 days, there after it is back to manufacturer. Of course knowing eBay the item may well be directly imported by the seller so he is in fact acting as the manufacturer so there might be some miles in it.

 

[Black Sheep]

my thoughts were that my route to the manufacturer is through the seller as my contract is with them.

I'll wait and see what, if any response, I get from the seller.

 

[phil_hg_uk]

Depends if it was a proper trader i.e. a registered business or just an individual selling their own stuff on ebay as to what protection you will have.

 

[MattHB]

If it was over 90 days ago I'd not hold out much hope.

 

[biggs682]

ask the question and see what seller says

 

[Black Sheep]

it was a proper trader,

brand new one in the post tomorrow apparently, I've asked where to send the old one back to show that it was actually defective and I'm not just blagging a free one.

so, sorted then.

 

[MattHB]

it was a proper trader,

brand new one in the post tomorrow apparently, I've asked where to send the old one back to show that it was actually defective and I'm not just blagging a free one.

so, sorted then.

Excellent news I'm still curious as to what the item was tho!!

 

[Radchenister]

Me too, I'm sure my imagination is playing tricks on me as if I described my current mental image it would get me banned .

 

[P.H]

Good result.
For future reference, if at fault develops within six months of purchase it's deemed to have been faulty at the time of purchase and it's for the seller to establish otherwise. They have the option to repair if that's possible, replace or refund, all of which have to be done in a reasonable time.

 

[Manonabike]

Me too, I'm sure my imagination is playing tricks on me as if I described my current mental image it would get me banned .

hahahaha "broke during use"