Getting a refund - Faulty item. Help Please!!!

[retep11234]

Hi,

I purchased a pair of earphones for £37.99 on 23rd March 2017.  They stopped working on 12th December 2017 but under my Purchase History and More Actions, there was no facility to instigate a return or refund.  I have sent 2 e-mails to the Seller and I have received no reply.  I then returned the faulty item via Royal Mail  `Signed For` and politely asking for a full refund.  The online tracking facility shows the goods were signed for on 21st December and I e-mailed to ask when I might reasonably expect a refund.  I`ve had no answer.  What do I do next please??

[jason_incognito]

you had something for 9 months and want a refund? 

As for shipping them back, I don't know English law, but If you were here I'd say you just gifted that person a set of earphones.

[*help_no_brakes* · Accepted solution]

What you should do next is ask on the UK boards eBay.co.uk

Someone there might have some advice for you on your decision to ship back an item NINE months after purchase.

[myboardid]

You are asking under the US site, where you would have only 30 days to request a refund, but we do not know the policies in Great Britain. 

[retep11234]

The Seller is offering a 1 year guarantee - in any case, under the  UK Consumer Rights Act 2015 if an item stops working within a reasonable time (and certainly in less than a year) then I am entitled to a refund as the item is contractually deemed to be  `unfit for purpose`.  The case point being that headphones costing £40 should last longer than 9 months!!!!

[*help_no_brakes*]

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@retep11234 wrote:

The Seller is offering a 1 year guarantee - in any case, under the  UK Consumer Rights Act 2015 if an item stops working within a reasonable time (and certainly in less than a year) then I am entitled to a refund as the item is contractually deemed to be  `unfit for purpose`.  The case point being that headphones costing £40 should last longer than 9 months!!!!

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This is why you should ask on the UK boards eBay.co.uk where members will be familiar with how things work over there. 

[missjen831]

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@retep11234 wrote:

The Seller is offering a 1 year guarantee - in any case, under the  UK Consumer Rights Act 2015 if an item stops working within a reasonable time (and certainly in less than a year) then I am entitled to a refund as the item is contractually deemed to be  `unfit for purpose`.  The case point being that headphones costing £40 should last longer than 9 months!!!!

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eBay can't help you with that. You will have to take legal action against the seller in order to excercise your consumer rights.

[postingid2017]

I researched the UK Consumer Rights Act 2015 has specific statements insofar as an item that has stopped working.  Did you notify the seller of the goods within 2 months?  If so, what was the Seller's response?  Was the item new or used?  The law specifies if new and or used.  This is one example as to why I no longer will sell anything to anyone that lives in an EU Country. 

https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights

And nine (9) months after the fact, how does the Seller know that the item was abused (not saying that you did abuse it), it just makes that time is not always on your side. 

[jason_incognito]

One point I would make from reading that.

It is all about goods purchased from a retailer.

I am not a retailer. Especially if the item was used.

[postingid2017]

I think retailer refers to anyone who sells an item(s) including online sellers.  I remember a few years back on Etsy how sellers were instructed to do this, do that, and some other crazy things 😞  I just decided not to ship to the EU any longer, just Canada/Austrailia up to an Austrailian buyer complained that the item was damaged during shipping, refused to cooperate (was insured) and wanted to return or "some money off the price."  I refunded told her to keep it and stopped international shipping all together.

EU has rules for new and rules for used each with a specified timeframe for returns, which to me allows the buyer to "rent and then return."

As @missjen831, the OP needs to take it up with his/her seller, but if my memory serves me correct, the timeframe is 6 months maybe a year, IDK, I just "deleted" the info from my brain 😉

[retep11234]

Thanks for everyone`s advice - have chalked this one up to experience and moved on.