eBay seller asking for photographic evidence of damage when the buyer has no camera or camera, creates a problem for the seller, as it appears not to be a condition of sale on eBay – or enshrined in law.

It would therefore appear to be up to the seller to arrange for that photographic evidence by arranging to go to the buyer’s property or a third party.

And if it is damage is done in transit, provide evidence it was packed well, the seller ought to make a claim against the transporter (e.g. Royal Mail or Carrier) for any loss.

In the interim period the buyer has a claim against the seller and is referred to under the Consumer Rights Act 2015, and specifically draw’s one’s attention to the periods of time for commencing a claim from the seller. It states:

Less than 30 days one can ask the seller for a repair, replacement or refund, and entitled to reject the item within 30 days of making the purchase under the Consumer Rights Act 2015.

Between 31 days and six months, the buyer is entitled to a repair or replacement if one finds a fault within the first six months of buying the item.

The bottom line, like it or not, the seller and not the buyer has to provide evidence of damage/no damage, and not the buyer … according to Consumer Rights Act 2015.