returning an item after 30 days if not as described or faulty?

[mcnugget6340]

I purchased an item from Emerald classic motorcycles via Ebay a few months ago (May 2019, an engine part), the item was described as ‘in good used second hand condition’. However when the item arrived it was noticed by my work colleague that the item had been weld-repaired on the back face. After my colleague notified me I checked the photos that were put up on Ebay and there were no photos of the back, so the weld-repair would have gone unoticed.

I was unable to contact the seller for the following 2 months as I was out of the country and travelling across Europe due to work. As soon as I got back a few weeks ago (mid July 2019) a mechanic fitted the part to my motorbike but it then caused engine failure after being run for approx. 20 minutes. I had the bike engine inspected by a different professional mechanic to which the outcome was that the weld-repair on the item was the cause of failure. It is worth noting that the item does not normally come with any welding on the back.  I have sent numerous messages to the seller explaining that their part had failed and was not as described, nor did the photos show the back part, however the sellers behaviour in the messages is somewhat abrasive, accusing me of dishonesty, saying i was not out the country and there were no welds on the item, i have photo proof of the welding on the back.

I am currently unable to resolve this issue with the seller, and the help page on Ebay keeps sending me round in circles. I was hoping because the seller is a business then do i stand a chance contacting trading standards? i have already sent them an email. Thank you.

[orangehound]

This is the eBay US board ... things operate slightly differently here in the US, so you will get better answers if you dialog with other UK folks about your issue over on the UK board:

https://community.ebay.co.uk/t5/Discussion-Boards/ct-p/13

[fab_finds4u]

Hardly anyone is in the UK Answer Centre.

UK has 30 days MBG.  They file a case.  The seller has 8 days to respond.  Buyer gets to ask eBay to step in after 8 days. 

 Not being able to return it for several months is not the seller's fault.  eBay's MBG is 30 days but PayPal gives you  180 days.  And most credit cards let you dispute the purchase for 60 days to 6 months.   

Sorry to say this but you assumed the risk of breaking when you accepted it and installed it instead of returning it for a refund.   You WANTED to return it because why?  It might fail.  Weld might not hold.  Weld might throw it out of balance.  

Sorry but you don't get subsequent damage because  of an item failure. 

You were taking a chance the weld would hold.  You gambled and lost.  You threw away the chance to return it in the condition you received it.  You can't install it thinking if it breaks I can return it.      You knew the item wasn't as described before you used it but you went on and accepted it and used it "defective."

Don't know if you can win a not as described case on PayPal or not but if you paid that way go there and file a not as described case in their Resolution Center and see what happens.  

[orangehound]

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@fab_finds4u wrote:

Hardly anyone is in the UK Answer Centre.

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Perhaps.  But, I believe the buyer suspects that it is an uphill battle with eBay or PayPal (because, well, it is), and my interpretation was that the buyer was asking about pursuing resolution with the seller as a business through UK Trading Standards.

Since I doubt anyone in the US is familiar with UK Trading Standards, this is why I referred the buyer to the UK board.