Ebay Seller not honouring warranty

[mike-in-cairns]

What come back do I have when the item is sold with a 12 month warranty and the seller (still active) doesn't honour  the warranty.  In fact they have now refused to reply to my emails.

Surely Ebay provide some protection against the selling of shoddy goods?

[*sons_and_daughters*]

Unless the seller is a registered Australian business, with an ABN, then Consumer Law doesn't apply. Ebay put that there to make them look good.

I am a small Australian seller with no ABN. I can easily scam you and there isn't a thing you can do about it when it comes to Consumer Law. They can't touch me. I'm not in the habit of scamming people, but just trying to make a point.

[springyzone]

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@mike-in-cairns wrote:

What come back do I have when the item is sold with a 12 month warranty and the seller (still active) doesn't honour  the warranty.  In fact they have now refused to reply to my emails.

Surely Ebay provide some protection against the selling of shoddy goods?

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No, they don't.

If an item is faulty when you receive it, yes, ebay will be in your corner, forcing a seller to refund.

But that is an entirely different thing to a warranty, which may last for 1 or 2 or even 5 years.

So, let's see where you are. You bought from a seller who mentioned a warranty but has no intention of honoring it.

Ebay isn't going to help. Probably this seller gets lots of positive feedback, you may even have given him some yourself.

Did you pay with paypal and if so, when did you buy this item? If it is within 180 days, then I'd make a paypal claim. Just don't say it is about a warranty, say the item is faulty.

[globenet_1]

Yes Mike, your last sentence is 100% on target when Ebay allows the seller in  my case today to continue with the same listing & advertised 12 month warranty they have no intention of honouring despite the freezer motor failing after 5 months.

Claiming Ebay's 30 day (buyer remorse) refund policy in some way overrules their warranty obligation is this company's modus operandi from reports at Product Review.

It is not just a seller's contractual failure to perform but is clearly fraudulent conduct which Ebay becomes party to by allowing it to continue after being advised by the buyer.

Let's see what ACCC thinks about this as it appears to be very common practice at Ebay. Will keep you posted here 🙂

[padi*0409]

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@globenet_1 wrote:

Let's see what ACCC thinks about this as it appears to be very common practice at Ebay. Will keep you posted here 🙂

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On EVERY eBay listing are the words "Seller assumes all responsibility for this listing" so the only person you can take to the ACCC is the seller, and if they are not registered in Australia (look at their feedback) the ACCC will have no power over them at all.

You might be able to open a claim with Paypal if you paid that way and are within the 180 day limit, under "item faulty" but NOT under "warranty".

[globenet_1]

Thanks Padi and I do appreciate how Ebay sellers walk a fine line on policy matters so will leave it at that.

Ebay recognizes their legal responsibility to restrict sellers from conducting business to prevent illegal activity by buyers. 

Ebay also has a huge responsibility once they become aware of it, to prevent illegal activity by sellers.

This activity includes items Ebay is aware of that are stolen, fraudulently obtained, fake or don't even exist.

The Ebay Customer Service policy web page starts with...

"Encouraging or enabling illegal activity is not allowed.

We don't allow our members to use eBay to encourage or enable others to engage in illegal activity."

Yet by my experience and that of many others, here and at numerous other online communities, show they are 100% failing consumers in this regard and Ebay certainly qualifies for ACCC investigation.

[padi*0409]

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@globenet_1 wrote:

Yet by my experience and that of many others, here and at numerous other online communities, show they are 100% failing consumers in this regard and Ebay certainly qualifies for ACCC investigation.

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Let us know what the response by the ACCC is when you open a case with them against eBay and not the seller.

[globenet_1]

You can beat the system & enforce a seller's warranty obligation  or get a full refund... I just did.

Since I paid with a debit card and kept comprehensive records of every phone communication with the seller and Ebay's response (find it under "Item hasn't arrived" where Ebay says "... we encourage you to contact the seller to work things out. Most sellers want their buyers to be satisfied and will work with you."

Since I followed these instructions and after 7 weeks still had neither the product nor the warranty I had purchased, it only took a few days for my Bendigo bank to reverse the payment and return the $1050 to my account.

I could have gone to Small Claims or Consumer Affairs and am still waiting on the ACCC but I don't care as I got my money back and I have posted several toxic reviews of this company on the Internet forever now to warn everyone else. 

SUMMARY: Pay by card and stay in control of the transaction, don't leave it to them.

[papermoon.lady]

But you got your money back because your item had not arrived. It is a different story when people get their item, the item stops working while still under "warranty", and the seller does not honour the warranty (if they are not an authorized reseller).

[domino-710]

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@globenet_1 wrote:

You can beat the system & enforce a seller's warranty obligation  or get a full refund... I just did.

Since I paid with a debit card and kept comprehensive records of every phone communication with the seller and Ebay's response (find it under "Item hasn't arrived" where Ebay says "... we encourage you to contact the seller to work things out. Most sellers want their buyers to be satisfied and will work with you."

Since I followed these instructions and after 7 weeks still had neither the product nor the warranty I had purchased, it only took a few days for my Bendigo bank to reverse the payment and return the $1050 to my account.

I could have gone to Small Claims or Consumer Affairs and am still waiting on the ACCC but I don't care as I got my money back and I have posted several toxic reviews of this company on the Internet forever now to warn everyone else. 

SUMMARY: Pay by card and stay in control of the transaction, don't leave it to them.

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Where does ' Warranty ' even enter this. ???

[janeababe]

@globenet_1

Why the hell did you wait 7 weeks? 

You could have AND should have used the eBay MBG options duly provided to you as a buyer who hasn’t received their item! Why didn’t you? 

Honestly, your advice is poor, and not helpful…. AND, if you don’t have the item, then why are you trying to enforce a non existent warranty? 

THE MIND BOGGLES, SOMETIMES! 😑