bought from a ebay trader an item stated as new yet its damaged and doesnt work, how do i report

[dann-j]

bought from an ebay trader an item stated as new yet its damaged from manufacture and doesnt work, how do i report?

doesnt reply to messages and the ad has no returns, yet i was sold an item NOT as described being damaged from manufacturing  it can not work at all

thanks

[twyngwyn]

Did it come with a warrantee?

[tall_bearded01]

It depends on when you bought the item.

If you purchased the item before 1 November and paid by one of the safe payment methods, you can initiate an “item no as described’ claim through them.

If you purchased the item on or after 1 November and paid by one of the nominated safe payment methods, you can initiate a “item not as described’ clam vide the eBay Money Back Guarantee

[dann-j]

this is the policy on the page

"Item is Sold "AS IS " , no warranty is expressed, unless specifically stated on listing. By buying or bidding on this item, you agree to our terms and policy. Please do not buy or bid if you disagree with them. "

item was bought 2 months ago although i couldn't test the item within 14 days due to certain contraints

[phorum_junkie*]

A seller saying something on their page does not influence what Paypal and ebay will do. If it has been a full two months then I am afraid you have left it too long, you should have opened an item not as described dispute in Paypal before the 45 day limit. If you funded the Paypal payment with a credit or Visa debit card then you can ask your bank to do a chargeback. You will almost certainly have to return the item at your own expense using a fully on line trackable service.

The very fact the seller had all that blurb in their listing would have had me hitting the back button.

[tall_bearded01]

Unless the primary funding source was a credit card, you appear to have done you money on this one. That is unless of course you are prepared to take this seller to court, in that, as it was purchased 2 months ago, the eBay Money Back Guarantee doesn’t apply and it’s too late to put in a PayPal claim.

So here’s same advice as what you should do in the future. If you buy something on-line make sure you inspect and test it immediately it is received. This allows you the maximum amount of time to take remedial action, if and when required.

As for the no warranty caveat, it doesn’t apply.

You said in you initial post that the goods were described as “New”, which created clear inference in the listing that it was working, yet the item you received wasn’t. Therefore we are not dealing with the return of goods under Australian Consumer Law, but a rejection of the goods under the Sales of Goods Act on the grounds that the goods received don’t match the description.

[dann-j]

i'll accept that it cant be refuned exchanged if that is the case, altough is no way to negatively affect the reputation/ report the issue as some sence of discipline?