Warranty from Sellers non existent, Ebay allowing fraudulent listings?
Summary: The discussion raises concerns about eBay's handling of sellers who do not honor warranties. geoff6648 initiated the topic, questioning whether eBay is allowing fraudulent listings due to a lack of warranty enforcement. Participants, including padi*0409 and sandypebbles, express their frustrations and share experiences where eBay did not enforce seller warranties, leaving buyers unprotected. The dialogue also touches on the reliability of buying high-value items from e-commerce platforms without assured customer service and disputes mechanisms. Suggestions and shared experiences focus on possible solutions or alternative platforms that offer better consumer protection.
I bought some solar led outdoor lights with the listing saying they have 5 year warranty, 3 months in and one stops working a short time after that the other stopped working.
After contacting the seller who didn't respond on a couple of occasions I contacted ebay as the seller failed to respond. I explained to ebay about the items with the item number and the best ebay could do was say sorry it is outside the 30 return period.
Ummm and so what the seller has stated it has a 5 year warranty but ebay then says it has nothing to do with them thay are only a listing company.
So how do I claim warranty if ebay won't supply the seller information, the seller doesn't repsond and ebay has the view too bad it's past 30 days.
It seems this is just an avoidance of repsonsibilty by ebay that is allowing sellers to advertise warranty but then not allowing people to have consumer rights in making a claim.
Ebay needs to get it's act together or maybe just close up selling in Australia and go back to the US.
We have rights under consumer law in Australia and if you are going to allow sellers to advertise thay provide a warranty then this needs to have a way of getting a remedy or refund as per Australian Consumer Law.
May be it's time for the ACCC to take action against ebay for allowing what seems to be fraudulent actions of sellers when they (Ebay) know about it and fail to address the issues.
This is coming about as I am looking at a item for sale which states it has a 10 year warranty. Who is going to warranty it? What if the seller closes shop, changes name, shouldn't ebay be responsible or may be payapl after all it takes the seller money and percentage of yours but doesn't want any reponsibilty.
locall1961
·1 year agoThat’s why I only pay anything I purchase with PayPal. You have 180 days if there is any issues
etb321
·1 year agoWas the warranty specifically for Australian conditions? A hot Australian day can be pretty harsh.
sandypebbles
·1 year agoThe warranty was a word on the screen and nothing else
Seller is registered in China (hence cannot offer any real or enforceable warranty)
They are selling unbranded 'stuff' and have rubbish feedback
countessalmirena
·1 year agoOP, your only real hope of a remedy is if the solar lights were misdescribed. If an electrician can check the innards and establish that these don’t have the specifications stated in the listing, you could try PayPal buyer protection (if PayPal is how you paid, and if you’re still within the 180 day period).
But if the solar lights are as described, then even though they’ve failed now, it wouldn’t mean “not as described” as this applies to item condition on arrival.
I hate to say it… but sans the qualified electrician route through PayPal, there is unlikely to be a way for you to be refunded. My telling you that you should have bought from a registered Australian business, one authorised to sell the type and brand of item you wanted, is just going to feel like salt in the wound, I suspect.
No harm in asking an electrician to take a look at the lights, I suppose. Show them the listing details (which should still be accessible from your purchase history), and see if there is any discrepancy. If so, electrician can provide a statement on letterhead with his details, and you’d then have a legitimate case.
countessalmirena
·1 year agoThe seller is one of many using a logistics company who specialise in providing a service to Chinese sellers. Warehouses store the products of many sellers, not just one. It’s not that the logistics company have a contract with you, the buyer – no, they have contracts with multiple Chinese sellers. You’ll find that they have no liability to you in respect of item quality.
The item listing may say it’s here in Australia, but under eBay’s commitment to “just in time fulfilment”, it doesn’t have to be. For all intents and purposes, the item will be considered to be in Australia if
• it is in a warehouse here
• it’s held up in customs etc
• it’s on the way here on a pallet, by ship
• it’s on its way here by plane
• it’s on a Chinese quay, waiting
• its en route from the seller’s factory in China
• it’s in the seller’s factory
• it’s being manufactured or about to be manufactured upon demand
• the seller once had stock here in Australia
• the seller might have stock here or en route to here or is thinking about it.
So… reporting misleading item location is probably not going to achieve any more than sore typing fingers.
Going after the logistics company won’t accomplish anything; they are not responsible under law.
Going after the seller will also be fruitless, as ACL doesn’t apply to overseas sellers and you couldn’t enforce it even if Australian consumer law did apply.
Chinese eBay sellers are notorious for telling you that oh yes, there’s a warranty… but it’s not true. There isn’t. eBay Australia is separate from eBay.cn - and guess which one has more clout and which doesn’t really care if Australian buyers are duped.
(This is frustrating; unfortunately, it’s not something we have any power to change.)
There are good reasons why I don’t order from Chinese eBay sellers.
davewil1964
·1 year agoMember for 20 years? And you have yet to work out how eBay works?
Riiight!
geoff6648
OP1 year agoHey there yes I know how ebay works and when I get ripped off by ebay then I do something about it. It's all about doucmenting bewfore a claim.
geoff6648
OP1 year agoOf course there is always one or two.
I know how things work the point is why is Ebay allowing the fraudulent listings?
I want and I am sure many others also want a remedy to ensure we get what we are paying for and if the product does meet that advertised listing then Ebay shouldb e compensating us for allowing it to happen.
Not hard.
repentatleisure1952
·1 year agoWhy should eBay be compensating you "if the product DOES meet that advertised listing".
Have you noticed that on each listing it says "Seller takes full responsibility for this listing".
The UA which you read states that eBay does not guarantee the quality, authenticity or existence of any item.
Stop buying cheap junk from China based sellers.
sandypebbles
·1 year agoYou are allowing it to happen by making the choice to buy from sellers who can't offer a warranty
Buyers like yourself are keeping these sellers in business
Again, eBay can't/won't do anything about sellers registered in China
Not hard for buyers to take responsibility for their own poor choices, rather than the 'eBay allowed it to be listed so I had to buy it and it's their fault' line
If you want to remedy things, stop supporting dodgy sellers
countessalmirena
·1 year agoOP, post the item number of the original listing from which you purchased.
Then responders here can check to see whether the seller is registered on eBay Australia (or, unfortunately likelier, on eBay.cn - China).
We can in any event help you with some suggestions based on that information.
geoff6648
OP1 year agoHi thanks for your reply.
We know ebay has removed the seller locations which were previoulsy in their feedback.
Ebay wants to shut down all options of buyers.
I have already spent enough time with ebay chat previously.
It's about time to take some action under Australian consumer laws and fraud laws against ebay.
Ebay is knowingly allowing sellers to advertise fullwell knowing a buyer once past 30 days cannot claim any warranty. Even if the seller doesn't repsons ebay still allows them to list and rip off other people.
It the items were coming from overseas that is different but when they are coming from a local warehouse this means there has to be a local business operating who are packing and posting, maybe it is just an illegal business.
Ebay should be supplying the seller information and business address for the serivce of papers.
springyzone
·1 year agoThey have certainly made it a lot harder for buyers to find or see the seller details. It is becoming more like Amazon in that it is the item itself that is being thrust in your face and you have to go searching sometimes for seller details.
But they are still there.
Keep clicking on seller name till you are taken to a section where there is a tab 'About'. Open it and you will see where and when the seller was registered.
Quite often sellers overseas might have a warehouse here. I'd be pretty sure they are 'legal' and that yes, there has to be someone packing and posting. The thing that annoys me a lot is when I read of someone who bought 'locally' from one of these sellers but if something goes wrong, the seller asks them to post the item back overseas. Nope. If they advertise it as located here, it should be possible to return it here.
But ebay allows this type of selling on ebay, where seller is overseas and has a warehouse here. Sometimes the goods won't necessarily come from a warehouse either, they will come direct from overseas. The key i think is check seller location and delivery dates and keep sellers to it.
The question of warranties being mentioned in ads. I think ebay should address it. They easily could but I bet they won't.
sandypebbles
·1 year agoNo they have not and the one you freely chose to buy from says registered in CHINA
No idea why you say otherwise when it is on public display
There was never a warranty from eBay on anything
The time limit for the MBG is 30 days
The MBG is not and never was a warranty
What papers are these?
ACL does not apply to sellers in China
The feedback page clearly shows where the buyer is registered
The feedback it's shows if they lie
You can try to blame eBay all you wish
You made the choice to buy
And again, argue all you want, the listing state seller take all responsibility. Your personal opinion does not change anything. By all means, take eBay to court and sue them
Spam the forum all you want with 'it was listed so it's eBay's fault I bought it'
The feedback for the seller of the item number you eventually posted is utter garbage . 97.7% for a high volume seller, very clearly shows they are registered in China
There is no recourse
You bought from a garbage seller in China
Not an authorised seller, not registered in Australia, not up to Australian safety standards product
twyngwyn
·1 year agoWhat is the item number? Bought from a registered seller in Australia or an overseas seller?
geoff6648
OP1 year agoMy seeler is one of these but the number below is for the same product type with the same false advertising.
334675642207
twyngwyn
·1 year agoWhat is the item number? Bought from a registered seller in Australia or an overseas seller?
geoff6648
OP1 year agoHi thanks for your reply.
This is the seller "https://www.ebay.com.au/usr/crazyhomeseller"
Currently no listings.
Second seller "https://www.ebay.com.au/usr/awell-far"
Currently no listings.
Seems that they open up sell stuff then close or stop selling.
This was one of the types of items that was bought and stopped working after a few months. Getting warranty of 5 years is non existent.
https://www.ebay.com.au/itm/395357583266 (Please note this is not the seller but adverstises the same 5 year warranty.
Seller location is unknown as eaby removed their locations to make things more secret.
However it is posted as with numerous other itmes from Sydney/Australian locations.
twyngwyn
·1 year agoThat third link (not your seller) is registered in China. EBay have put those details in feedback>>>>>ABOUT
sandypebbles
·1 year agoYep, one of the first things at the top of the page it shows, far clearer than the dodgy lights they sell
No idea why someone would want/try to say 'eBay removed location to make things more secret'
It is literally right there, where it always has been
Other than the obvious of not wanting to take any responsibility about who they choose to buy from
And the other two having been removed by eBay, as was the OP's desire
padi*0409
·1 year agoAny online "warranty" is meaningless, unless the seller is registered in Australia AND is an authorised seller or reseller of the product.
geoff6648
OP1 year agoYeh I know this why ebay is allowing fraudulent sellers to advertise who can't meet their claims and provide the warranties they are offering. In my opinion it make ebays an accessory.
Just more info for the ACCC.
What gets me is that I can't get a gst invoice even though the items are being posted from the Sydney metro area and people are carrying on a business. Might be time for the ATO as given ebay takes gst but I don't get an invoice.
padi*0409
·1 year agoAs Twyn said, what's the item number ?
sandypebbles
·1 year agoWhy did you buy from a seller not authroised to sell them?
It's a known fact random sellers cannot really offer a rea warranty
By all means go to the ACCC
They will tell you the same thing
IF they are a legit business then contact that business directly
eBay do not enforce warranties
eBay do not vet listings
eBay do not read the member forum
Again, what is the item number?
geoff6648
OP1 year agoThanks for your reply.
I started to repsond the other day but after clicking submit ebay deleted the whole repsonse saying that the sellers who I previously bought could not have their details in the repsonse?
These sellers are still listed but currently have nothing for sale.
The items for sale are still available from different sellers which are probably all or one of the same.
They were outdoor led spotlights offering a 5 year warranty but packed it in after a couple of months.
You can search led lights plenty of listings advertising the 5 year warranty.
I have some time so I am going to making a lot of complaints through NSW Fair Trading and the gutless ACCC.
If Australian Consumer Law is stated on the selling pages then Ebay has a responsibilty to ensure the sellers they take money from can actually privide a remedy to a buyer who has a problem with a product.
To hide behind we are just a platform didn't work out well for Grays who were doing a similar thing.
As mentioned in some other repsonses if the products are being shipped from a NSW location there has to be a business involved. Ebay has responsibilies under the ACN they operate.
Yeh I know it's banging your head against the wall but eventuall if enough people take the time to complain about the fraudulent and misleading listings (personal opinion) that ebay are profiting from then it may get some action.
Ps ebay does monitor this as I received a message from them but it was more automated but related to this post.
repentatleisure1952
·1 year agoThe message you received was from Khoros... who moderate these boards... scroll to the bottom of the page.
"if enough people take the time" to click on seller feedback to see where they are registered we would not continually be seeing threads like this.
gutterpunkz05
·1 year agoRead the UA you have agreed to. Ebay is not responsible for listings, so your only recourse is via the seller. To obtain the sellers details from ebay, you will need to engage legal representation.
Ebay does not collect or process GST on Australian sales, again a matter between you and the seller, and if the seller is not registered with the ATO for GST, it is illegal for them to issue a tax invoice.
If Ebay has added GST to your purchase, then it is an international import and ACL does not apply, and likewise ACL does not apply to Australian sellers who are not registered as an Australian business.
geoff6648
OP1 year agoHi just because ebay has buyer/seller term thay don't mean much that's between you and ebay.
Laws are what counts.
If items are comoing from the Sydney metro area then there is business/warehouse operationing if carrying on an enterprise and under the laws they has to be registered and if people are "employed" then there are other laws that also apply.
This would be mean someone has bought the items and or imported the items which are being sold for profit in Australia therefore will attrract a GST it's just laws.
Ebay can make all the terms they like but they can't avoid deliberatley allowing fraudulent actions to made that do give protect Australian buyers and or give buyers a recousre under Australian consumer laws by claiming "we are not resposible for listings" maybe they should read their terms of sale themselves that relate to a seller.
I am sure it says in there what the seller can list and if they offer a "warranty" they must have this information in thier listings. (Ebay policy) and how you can makea claim etc.
gutterpunkz05
·1 year agoYou are so far off the mark, it is not funny. You have agreed to the UA and it is valid, even if it does not suit you, but please go and waste your time with the ACCC, or better still waste your money on a lawyer.
sandypebbles
·1 year agoWaste the ACCC's time would be more accurate
And take that time away from people who have valid and legitimate cases that need attention
We need that 'legal lawyer' that posted a while back to return and help out