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Can I request a refund/return/replacement for a defective item or am I just out the money?

I bought a scooter as a Christmas gift for my daughter.  I received it on December 14th.   I gave it to her on Christmas Day.  She rode it about 6-10 times over the next five weeks the metal frame broke at a weak spot and became unusable.  The scooter was new but defective.  Two to three days later (Feb. 3rd) I contacted the seller (including pictures of the break) and received no reply.

 

The return policy in the original eBay ad stated: 

"If you are not 100% satisfied with this item simply return it to us! Items must be shipped to us with insurance.  Unopened merchandise may be returned in its original condition, including original packaging."

 

Today, I messaged the owner again and they sent me a message that stated that they only accept refunds within 30 days. But it doesn't say that in the ad. And I would expect a $60 brand new scooter to last more than 5 weeks unless, of course, if it's defective which this one is.  Defects are not always noticeable until the item is used a bit.  But defective is defective and there should be a way to return defective items and not simply be out the money.

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Can I request a refund/return/replacement for a defective item or am I just out the money?

@lishuilotus 

>>Today, I messaged the owner again and they sent me a message that stated that they only accept refunds within 30 days. But it doesn't say that in the ad.<<

 

All listings clearly display the Ebay 30 day Money Back Guarantee.

If you received a defective item, you can file a dispute through Paypal or contact your credit card company.

 

*lady*madonna*
Volunteer Ebay Community Mentor

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