Seller wants to repair or replace. I want a refund

I received a defective GPS device. I contacted the seller to request a return and refund. The seller agreed to the return, but wants to repair or replace the item. The seller hasn't replied to my message asking to confirm that they will refund me after fault testing shows it is not working.

Where do I stand if the seller posts me back a refurbished GPS device?

It is for outback travel, not city nav.
The seller is in Australia.
The claim has not been escalated.

Message 1 of 5
Latest reply
1 ACCEPTED SOLUTION

Accepted Solutions

Seller wants to repair or replace. I want a refund

You shouldn't need to escalate unless the seller point-blank refuses to assist in any way. A claim through ebay (or PayPal) is technically a refund request anyway, as they're more "inspired by" consumer law than actually based on it properly - in all practical senses at least (by which I mean the buyer and seller can make alternative arrangements independent of, or within the, dispute, but there's no offcial option with either type of dispute for the seller to provide those options, they can only officially provide a refund).

 

The seller would actually be well-advised to just accept the return and issue a refund when received back. particularly given a refund is your preferred outcome anyway - perhaps you should simply let the seller know that eBay will automatically issue a refund if the seller doesn't within 3 days of the item being tracked as delivered back to them, so a repair is not in either of your interests. 

View solution in original post

Message 4 of 5
Latest reply
4 REPLIES 4

Seller wants to repair or replace. I want a refund

From a consumer law perspective, buyers have a right to a refund if the item has a major fault that was not disclosed prior to purchase (they can also choose a repair or replacement if they want to). 

 

If the item has a minor fault, the rememdy is at the seller's discretion - they are obliged to provide a rememdy, but they are legally allowed to refuse to refund and instead offer a repair or replacement (unless their return policy actually stated that refunds can be provided, then they are legally obliged to honour that regardless).

 

What actually qualifies as a "major" fault varies depending on the item, usually it's something that significantly affects the long-term use of the item's function, and would have meant the buyer never would have purchased if they'd known about the fault up front. eg A loose or missing button on a shirt = minor fault, easily repaired with little to no effect on the shirt visually of functionally. A torn breast pocket however would be a major fault, because even if repaired, the item still wouldn't look right - so, while probably not a perfect example to compare a GPS unit to, I hope it helps clarify whether the fault with your unit was minor or major. 

Message 2 of 5
Latest reply

Seller wants to repair or replace. I want a refund

Thanks, digital*ghost. It was a major fault. The device fails to boot. It starts loading but then turns off. I have no doubt the seller was not aware of it being faulty though as it was new.

My understanding is that I am entitled to a refund too. Can I force a refund though? Should I escalate the claim before I post the item back?


Message 3 of 5
Latest reply

Seller wants to repair or replace. I want a refund

You shouldn't need to escalate unless the seller point-blank refuses to assist in any way. A claim through ebay (or PayPal) is technically a refund request anyway, as they're more "inspired by" consumer law than actually based on it properly - in all practical senses at least (by which I mean the buyer and seller can make alternative arrangements independent of, or within the, dispute, but there's no offcial option with either type of dispute for the seller to provide those options, they can only officially provide a refund).

 

The seller would actually be well-advised to just accept the return and issue a refund when received back. particularly given a refund is your preferred outcome anyway - perhaps you should simply let the seller know that eBay will automatically issue a refund if the seller doesn't within 3 days of the item being tracked as delivered back to them, so a repair is not in either of your interests. 

Message 4 of 5
Latest reply

Seller wants to repair or replace. I want a refund

Thank you very much. I appreciate your help.

Message 5 of 5
Latest reply