faulty projector issue

[jenkonline]

Hi

Can anyone advise

I bought a projector off ebay on the 29th of may and it has subsequently ceased to work

the item was sold as used by a business seller with the below refund policy

Return Of Goods Policy

A 25% restocking fee will be applied for return of non-defective items
Postage is not refundable.
The Customer is responsible for return shipping and expenses
Items could be returned to buyer at buyer's expenses if found non-defective
No complaint considered after 7 days receipt of goods.
​

Do i have any comeback

Cheers​

 

[Anthony Reeves]

If you purchased the item from a business as and you were a consumer, then you have rights under the Sale of Goods Act 1979 as amended. He cannot exclude these rights by saying that no complaint will be considered after 7 days.
When you purchase from a trader, goods must be of satisfactory quality. If the goods fail within the first 6 months and you claim a repair or replacement, the onus is on the trader to prove the goods were not faulty at the time of sale. I feel that you would have had the goods too long to argue for a refund, because of having the good from May to August can be construed as accepting the goods. If you were to argue for your money back, then the onus would be on you (the consumer) to show that the goods were defective at the time of sale.

Anthony Reeves
Pinniger Finch & Co, Solicitors,

 

[bigman]

Hi,

Do the same rules apply for used items as they do with new items though.
I know its completely different but I am sure the seller would argue the same 'sold as seen' phrase people used when selling cars privately.

Did you take a look to see if the seller was registered as a business or private entity. It is illegal to trade as a private individual when you are actually a business, so there may be some comeback on a paypal dispute if that was the case.

Cheers.

 

[Paul Kelly ICHYB]

Have you spoken to the supplier - that would be the place to start!

 

[jenkonline]

hi

ye they are trading as a business, have spoken to them there relie was

"this item was used and came with our 30 day warranty there is no manufactures warranty.So unfortunetly you are not covered by either anymore. "

its outide of the paypal dispute time so at a loss on how to proceed

 

[Paul Kelly ICHYB]

treading on tricky ground, however, if this was a B"B sale, you have a problem.

If it was a B2C, you have a stronger case, as you will be covered by the sale of goods act. HOWEVER, if it was highlighted/described as used and with 30 day warranty, you may also have an issue!

The actual listing information will make the difference!