Who`s responsible?

[beejaybee]

Hi. I bought a new item on ebay on July 24th. The motor has burnt out today. I emailed the seller & he told me too write to the manufacturers. I thought he was responsible as seller. Who is please??

[kempie]

Purchases made via online auction sites such as eBay fall squarely into the category "let the buyer beware!" since they are not covered by any of the Consumer Legislation we normally associate with items purchased from retail websites, mail order, shops etc.

Unfortunately, your only possible recourse is direct with the manufacturer.

[beejaybee]

Thanks a lot for your reply.

[kempie]

On further investigation, it transpires that you may have more rights if the item was bought using "Buy it now" or if the seller is a business.

The following webpage may prove useful...

http://www.euroconsumer.org.uk/index/your_righ ts/internet_shopping_index/internet_auctions_- _seller_is_a_business.htm

[Buenchico]

If the sale was 'by way of trade', then all of the consumer protection laws, which apply when you purchase from a High Street shop, are still applicable.

Since the item was new, rather than secondhand, it seems likely that the sale was 'by way of trade'. In this case, you have the right to demand that the seller rectifies the problem. As it's likely that the point where you were deemed to have legally 'accepted' the goods has passed, the seller has the discretion to choose whether he has the item repaired or whether he provides a replacement. (He can, of course, give you a full refund but you can't claim this as a legal entitlement).

Chris

[pingping]

It's also worth checking whether the seller has a refund policy (usually found right at the bottom of the screen when you open the item). Also if it's brand new - would it still be in guarantee with the manufacturer?

[Hard@it]

Ask mnko he runs a business in AB which touts for sales for ebay !