topic Re: Seller not honoring 12 month guarantee in Buying

Seller not honoring 12 month guarantee

boggo58 — Thu, 22 Aug 2019 02:34:24 GMT

Hi, I bought a tablet from China ( it wasn't a cheap one either,) last Nov. I messaged them and they said they have 12 months guarantee . I've messaged them a few times buy no reply now. What can I do since it's outside the 180 days time frame to file a complaint. Either from Ebay or PayPal.

Re: Seller not honoring 12 month guarantee

Anonymous — Thu, 22 Aug 2019 02:39:56 GMT

For the warrenty to be real/valid, it would have had to be from a seller both registered in Australia and an authorised re-sller of the brand

Otherwise it is only a word on the listing and meaningless in the real world . The seller would know it too and no doubt why they did not respond (that, and as they do, so you would run out of time to open a claim in either eBay or PayPal)

Re: Seller not honoring 12 month guarantee

collect247 — Thu, 22 Aug 2019 02:55:44 GMT

All you can do is pay to fix the problem.

And warranty,guarantee isn't worth squat on ebay if you buy from China remember that in the future.

Re: Seller not honoring 12 month guarantee

padi*0409 — Thu, 22 Aug 2019 04:23:38 GMT

And then likely find out it's fake/refurbished crow.....................

Re: Seller not honoring 12 month guarantee

countessalmirena — Thu, 22 Aug 2019 06:37:16 GMT

From a reply that I posted in response to another buyer with a similar question:

❝It's never pleasant to end up with a product whose warranty isn't worth a goat's hiccup. Just be aware that when you purchase from an overseeas seller, anything stated by an overseas seller on a listing on eBay is simply not enforceable.

Asian sellers (esp. Chinese sellers) on eBay are particularly prone to stating "1 year warranty", "2 year warranty", "5 year warranty", etc., but to all intents and purposes, it's sheer flimflam. If you're buying something where a warranty is necessary or a good idea, the only way to be certain that you're covered by that warranty is if you are buying a genuine product from an authorised Australian seller for that item. It's enforceable under Australian consumer law, and you can have peace of mind that if something goes wrong while it's still under the warranty period, your item will be repaired or replaced as per the terms of the warranty.

You might want to read eBay's Warranties policy. This isn't a policy providing warranties, for buyers to rely upon; rather, it's a policy about what a seller's obligations are re offering warranties - "under Australian consumer law". That clearly indicates that warranties for an Australian buyer only have validity if they're offered by a seller who has responsibilities to buyers under Australian consumer law (and that automatically excludes all overseas sellers). However, even that is not enough to protect you if you've bought from an Australian seller who is NOT an authorised seller of a genuine item, or if you've bought an item from someone who isn't a business, doesn't have an ABN, etc. eBay does not itself pursue sellers to force them to honour a warranty in an eBay listing. Your only hope of enforcing a warranty from an eBay seller is if the seller is a registered Australian business and you pursue them as you would any other Australian business, through your state's consumer law.

Also note: eBay's Money Back Guarantee specifically spells out that "The eBay Money Back Guarantee is not a product warranty, and does not replace your Australian Consumer Law rights." Don't rely on the MBG for this purpose; it isn't intended as that and won't cover instances where you are trying to rely on the promised warranty of a listing.❞

Before you buy...

❝If you are unsure whether you're buying a parallel import:

ask the seller or manufacturer
check the manufacturer’s website for a list of authorised suppliers or distributors in Australia.❞

And... if you're buying from an overseas seller, and it is a grey import/parallel import:

❝If the product comes with a manufacturer’s warranty - that warranty may not apply in Australia, or depending on the terms and conditions may not apply to products sold as parallel imports.
Although your products may carry a particular or popular brand name - if it is sold to you as a parallel import, the local manufacturer is not required to help you if the product develops a fault. You need to contact the seller.

You may not be able to get assistance such as product/technical support or repair/spare part facilities from the local manufacturer or their representative. For example, the software of your product may not be suited for the Australian market. You need to contact the seller.

(From https://www.accc.gov.au/consumers/sales-delivery/buying-parallel-imports)

If you're asking for the Australian supplier/distributor, "the local manufacturer is not required to help you". Also, "You can contact the Australian manufacturer of the product but it may refuse to provide you with a remedy if it did not give permission to the seller to sell the product in Australia."

If you're asking for the overseas supplier/distributor, "If the seller is based overseas, there may be practical and legal difficulties in enforcing your consumer guarantee rights against an overseas business."❞

The take-away points:

A warranty or guarantee on an eBay listing is made up of words. Words pertaining to your consumer rights only have force in certain contexts... otherwise they are just words.
A warranty offered by a Chinese seller is worthless. 1-year-warranty, 2-year-warranty, 3-year-warranty, 10-year-warranty - worthless.
eBay do not provide a product warranty, and you can't use their MBG as a product warranty. It's only for when an item ARRIVES in not-as-described condition, or doesn't arrive at all.
PayPal don't provide a product warranty either. You can't use their Buyer Protection as a product warranty. Again, it's only for when an item ARRIVES in not-as-described condition, or doesn't arrive at all. (PayPal specifically spells out that ❝The Buyer Protection Policy does not indemnify you for loss which may be incurred and it is not a contract of insurance.❞)
If you discover something wrong with your item within 30 days of its arrival (or latest estimated date of arrival), or you discover that your item is a fake within that period, you're covered by eBay's MBG - but if you discover anything after that 30-day period, you are not covered.
You have 180 days under PayPal's Buyer Protection, but if it's a problem that developed after use, you may be out of luck.
If a buyer opens what eBay consider ❝excessive requests❞), eBay may ❝indefinitely suspend the buyer's coverage under the eBay Money Back Guarantee❞.
If your PayPal account is not ❝in good standing❞, you won't be covered by PayPal's Buyer Protection. ❝In good standing❞ may include ❝Excessive disputes or reversals❞.
For any item where a warranty is desirable, you should purchase from an Australian business that is an authorised dealer for the item you are purchasing.
If you purchase from Australian businesses, you have legal recourse under Australian Consumer Legislation. If you purchase from overseas businesses, you have neither any such legal recourse nor any enforceability of any offered warranty.
Product specification - capacity, performance, component materials, safety, etc. - is not subject to any guarantee if you purchase from a Chinese seller, and unless you discover such issues before either the eBay MBG period or the PayPal Buyer Protection period, you have no way to be compensated for receiving an inadequate or fake product.
Buying Australian where possible is not a mere matter of patriotism, or good for the Australian economy as a whole... It's also a matter of your consumer protection.
If you have to buy from an overseas seller, don't be swayed by lowest price, or seller promises of warranties, or eBay endorsements of the seller (Top Rated Seller, or eBay Premium Service). Such ratings of the seller do not guarantee authenticity, authority to sell certain items, or quality of items. You should use good judgement - buy from manufacturer, or from authorised overseas sellers of the items (check manufacturer's list of authorised sellers).
Above all, be consumer-smart. Caveat emptor as a concept dates back to ancient civilisations, but was enshrined in English law (Chandelor v. Lopus (1603) Cro Jac 4.) in the 17th century. While consumer legislation offers buyers additional protection even if the buyer has been a bit of a fool, there's no denying that it's better to avoid a bad purchase than try to seek remedy post-purchase.

Re: Seller not honoring 12 month guarantee

4green2000 — Thu, 22 Aug 2019 20:02:55 GMT

@boggo58 wrote:
Hi, I bought a tablet from China ( it wasn't a cheap one either,) last Nov. I messaged them and they said they have 12 months guarantee . I've messaged them a few times buy no reply now. What can I do since it's outside the 180 days time frame to file a complaint. Either from Ebay or PayPal.

Re: Seller not honoring 12 month guarantee

4green2000 — Thu, 22 Aug 2019 20:06:18 GMT

@4green2000 wrote:
@boggo58 wrote:
Hi, I bought a tablet from China ( it wasn't a cheap one either,) last Nov. I messaged them and they said they have 12 months guarantee . I've messaged them a few times buy no reply now. What can I do since it's outside the 180 days time frame to file a complaint. Either from Ebay or PayPal.
try either Ebay or PayPal or both. worth a try..good luck though.

Re: Seller not honoring 12 month guarantee

springyzone — Thu, 22 Aug 2019 21:12:08 GMT

@boggo58 wrote:
Hi, I bought a tablet from China ( it wasn't a cheap one either,) last Nov. I messaged them and they said they have 12 months guarantee . I've messaged them a few times buy no reply now. What can I do since it's outside the 180 days time frame to file a complaint. Either from Ebay or PayPal.

I don't think there is much you can do, or not through ebay or paypal in any case.

Even when you buy something within Australia, it can sometimes be hard to have the warranty honoured. With a Chinese purchase, I'd say you've got practically no hope. Or Buckley's and none.

I think all you can do, if you feel it is a quality unit, is get it repaired here at your own cost.

Re: Seller not honoring 12 month guarantee

minimum_56 — Thu, 22 Aug 2019 22:28:03 GMT

Was your Paypal payment funded by your credit card?
If so - talk to your banking institution...they may be able to do something - can't hurt

Re: Seller not honoring 12 month guarantee

countessalmirena — Thu, 22 Aug 2019 22:39:40 GMT

The OP has said that it's past the 180 day timeframe. I don't know of any credit card provider that allows a chargeback more than 6 months after a purchase...

Re: Seller not honoring 12 month guarantee

podsandy1 — Sat, 14 Sep 2019 22:11:39 GMT

Thanks for the advise, and yes, we who are honest people and have had failed warranty experiences now know that we have been fooled by dishonesty...

My issue is now, why dont EBAY remove their right to trade as a seller??

In my case Ebay have communictaed with the dishonest seller on my behalf 4 or 5 times now and the seller will not even reply one message back to Ebay, the messages have been stern reminders of their commitments, but EBAY still allow these traders (who 'supposedly' have thousands of 100% satisfied customers) to trade? They need to be removed, there is now reasons they should not be removed..

Re: Seller not honoring 12 month guarantee

springyzone — Sun, 15 Sep 2019 01:09:59 GMT

It's a great pity they cannot at least be removed from having ads visible on ebay Australia.

Re: Seller not honoring 12 month guarantee

imastawka — Sun, 15 Sep 2019 02:12:42 GMT

@podsandy1 wrote:
Thanks for the advise, and yes, we who are honest people and have had failed warranty experiences now know that we have been fooled by dishonesty...

My issue is now, why dont EBAY remove their right to trade as a seller??

In my case Ebay have communictaed with the dishonest seller on my behalf 4 or 5 times now and the seller will not even reply one message back to Ebay, the messages have been stern reminders of their commitments, but EBAY still allow these traders (who 'supposedly' have thousands of 100% satisfied customers) to trade? They need to be removed, there is now reasons they should not be removed..

And how would you know this? Ebay do not divulge what actions they take - if any.

If this is what you have been told, then they are saying anything they can to get you off the line.

If people woulld stop buying cheap from Chinese sellers and expecting quality,

then they would fall below par and be stopped from selling.

Ebay will not remove them until this happens.

Re: Seller not honoring 12 month guarantee

ozlearner — Wed, 04 Dec 2019 05:56:12 GMT

Last year I bought a replacement battery for my Dyson vacuum cleaner.

The seller advertised a 3-year warranty. However, within 6 months the battery went dead.

I tried to contact them but they just ignored my message.

Worse, Ebay could not do anything to help me or other potential buyers.

The seller still offers the same product with the same warranty!

Now I realise that one should not trust any warranty offered via Ebay.

Re: Seller not honoring 12 month guarantee

maranock — Wed, 04 Dec 2019 02:45:45 GMT

Unless you buy from an Australian seller that is registered to sell that product then you will not usually be able to get any warranty honoured. It is best to buy electrical items from an Australian store.

Re: Seller not honoring 12 month guarantee

*tippy*toes* — Wed, 04 Dec 2019 22:57:39 GMT

I have always bought replacement parts directly from Dyson. They ship fast and I generally receive within 2-3 days. I always know that I am getting genuine parts, with a warranty. Thankfully I haven't had to buy that many replacement parts, but when I have, I can't fault their service.

Re: Seller not honoring 12 month guarantee

souraji — Fri, 20 Nov 2020 04:28:53 GMT

I bought a treadmill online from eBay from an Australia NSW based seller based in Fairfield which was a bargain at the time with 12 month warranty. It failed within 6 months and the seller keeps giving me the runaround saying that he will get around to it... for over 3 months now. What can I do?

He is still selling his treadmills.

Re: Seller not honoring 12 month guarantee

*tippy*toes* — Fri, 20 Nov 2020 22:57:01 GMT

@souraji wrote:
I bought a treadmill online from eBay from an Australia NSW based seller based in Fairfield which was a bargain at the time with 12 month warranty. It failed within 6 months and the seller keeps giving me the runaround saying that he will get around to it... for over 3 months now. What can I do?

He is still selling his treadmills.

Did you read the entire thread? If so, you would have read that there is absolutely nothing you can do. Not a single thing, as it's well over 6 months since purchase. You would also have read that a warranty on eBay is worth nothing.

All you can do is cut your losses and get it repaired at your own expense.

Re: Seller not honoring 12 month guarantee

chalyroque09 — Wed, 27 Jul 2022 06:59:31 GMT

I bought a dash camera togard for $179.00 bucks back on february ,now it doesn't work, i contacted the seller and the guy says he is away for the wekend and once offered me to pay the return and extra $60.00 for him to send tge replacement ,which i accept but still he didn't send any address yet ,since about two weeks, i believe buying product on ebay is **bleep** as there is not option from ebay also to claim any warranty , or proteccion to consumers

I am rethinking for future purchases through ebay

Regards

Carlos

Re: Seller not honoring 12 month guarantee

sandypebbles — Wed, 27 Jul 2022 07:13:32 GMT

Hugely unlikely they have any intention of sending a replacement

Have you indeed already given this person more money?

How would you be able to claim a warranty from eBay?

eBay do not sell anything

eBay do not offer warranties

There is all the protection in the world for buyers

But NOT when they buy things and expect a warranty if the seller is not an authorised seller/reseller

As has been explained hundred of times over many years

If you want a real, actual warranty, then don't buy from sellers who cannot really give one

Simple