Hi, I bought an item in February which has now failed. I have contacted the seller and he has requested that I start a rerturn through ebay but I am unable to find out how to do this as there is no return option in the received goods listing? Thanks John.
Normally you would need to work it out with the seller but considering the seller has asked you to open a case then if you paid via PayPal, log intp PP and open a case for INAD.
How has the item failed? Was the seller an Australian seller?
If the item is a counterfeit item and/or it is manufactured with poor quality components and in such a way that it was not fit for purpose - that is, that its failing is an inevitable result of its not being of the standard that was described in the listing, then you would have a legitimate reason for opening a claim/dispute under either eBay's MBG or PayPal's Buyer Protection.
If, however, the condition of the item when it was received by you was as described, then you really should not be trying to claim a refund after 4 months under eBay's Money Back Guarantee or under PayPal's Buyer Protection.
The only thing to prevent you from opening an eBay or PayPal claim - if the item's failure is due to an intrinsic quality/attribute issue (it was not as described upon arrival) - would be whether or not the timeframe for opening a dispute under these protections has lapsed. In the case of eBay's MBG, yes... time's up. In the case of PayPal Buyer Protection, you still have time.
PayPal Buyer Protection
You should note that ❝The Buyer Protection Policy does not indemnify you for loss which may be incurred and it is not a contract of insurance.
[...]
PayPal’s Buyer Protection Policy may apply when you encounter these specific problems with a transaction:
You didn’t receive your item from a seller (referred to as an “Item Not Received” claim), or
You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).
Significantly Not as Described claims
An item will be considered Significantly Not as Described if:
The item is materially different from the seller’s description of it.
You received a completely different item.
The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
The item was advertised as authentic but is not authentic (i.e. counterfeit).
The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
You purchased a certain number of items but didn’t receive them all.
The item was damaged during shipment.
The item is unusable in its received state and was not disclosed as such.
An item will not be considered Significantly Not as Described if:
The defect in the item was correctly described by the seller in its description of the item.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was described as “used."
It was listed as used condition and you picked it up in person.❞
A word of caution: misusing PayPal's Buyer Protection (because of course we are not entitled to use either eBay's MBG or PayPal's Buyer Protection as a warranty) potentially exposes a buyer to being considered an unacceptable risk, and being flagged as no longer being eligible for Buyer Protection... or even having their PayPal account permanently closed. Excessive claims is another reason for being considered an unacceptable risk, etc.
As it's now too late to make a claim through eBay, you must go through PayPal.
You can still open a claim in PayPal using PayPal Buyer Protection (you have up to 180 days from the purchase date to open a dispute, and once you've opened the dispute, you must escalate the dispute to a claim NO LATER than 20 days after opening the dispute).
Do not - absolutely do NOT - close the dispute without getting your full refund. The seller could promise a refund, tell you that you need to close the dispute in order to get the refund, and that would be that - you'd be stuck from that moment onwards, because once closed a PayPal dispute can't be re-opened.
(Sellers promising refunds and trying to manipulate buyers into closing disputes is a well-known tactic.)
eBay Money Back Guarantee
❝The eBay Money Back Guarantee is not a product warranty, and does not replace your Australian Consumer Law rights.❞
eBay Money Back Guarantee applies ❝If a buyer receives an item that doesn't significantly match the way it was described in the listing❞ (i.e., ❝is faulty or damaged, or doesn't match the listing❞).
❝The buyer is responsible for:
[...]
Returning the item in the same condition in which it was received – see our Condition of returned items policy.❞
Under the Condition of returned items policy, the item returned must be ❝Unused, unaltered, with no damage or signs of use outside of the listed item condition or how it was received❞.
Guarantees, Warranties, Australian Consumer Law
It's one thing to receive an item that is usable and then subsequently (let's say within 9 months) to find that it has developed a fault (this is covered in Australia by Australia Consumer Law and of course any warranty given by an authorised Australian seller); it's another thing when an item at the time of its being received by the buyer is not usable (this is specifically covered by eBay's MBG (with a few exceptions) and also covered by PayPal's Buyer Protection (with a few exceptions) - and if the item was purchased from an authorised Australian seller, it's also covered under ACL.
A factor that is considered with the automatic consumer guarantees under ACL is the length of time for which it is reasonable for the product to be used. Four months is a short time, and if the item you purchased is from an Australian authorised business, you should contact the seller and seek a remedy. (Replacement, refund or repair, depending upon the type of problem, assuming correct usage, etc.)
You may want to read this post in which I address the issue of buying on eBay with an expectation of product warranty.
Hi I have bought 3 x SSD hard drives in January this year. I never used them for at least 6 weeks after purchasing them. Silly on my behalf however was very busy. I have found that on 3 laptops in the household (2 windows and 1 apple) the hard drives are not recognised by the laptops. I have formatted them and still nothing. So I contacted the seller 3 x only for them to ignore my request. I advised the seller that I am happy to take photos or videos to back up my claim. Still no reply. I feel that if they stay silent I will go away. This is not good business practice and reflects poorly on the seller and eBay. I want to either receive new hard drives or my money back. Can anyone help me please.
Hi I have bought 3 x SSD hard drives in January this year. I never used them for at least 6 weeks after purchasing them. Silly on my behalf however was very busy. I have found that on 3 laptops in the household (2 windows and 1 apple) the hard drives are not recognised by the laptops. I have formatted them and still nothing. So I contacted the seller 3 x only for them to ignore my request. I advised the seller that I am happy to take photos or videos to back up my claim. Still no reply. I feel that if they stay silent I will go away. This is not good business practice and reflects poorly on the seller and eBay. I want to either receive new hard drives or my money back. Can anyone help me please.
You could try reading the comprehensive advice that was posted 3 years ago by the member you have replied to.
