Buyer beware on Ebay

  Rogerfredo 14:15 22 Jul 04
Locked

I bought a Creative graphics board from Ebay, under the impression that it was from a supplier, and found that after a short period of use it developed a fault and would not allow the computer to boot.
The supplier refused to entertain any suggestion that he was liable, and, although the boxed item had a retail sticker on it bearing a bar code and the date 07/06/04, would not supply a receipt for a warranty claim against Creative. ( the board was guaranteed for 2 years).
The seller turned out to be an individual.
Creative say that their guarantees are not transferrable and only apply to items bought from their "approved agents".
Presumeably, any purchase from Ebay is therefore decidedly "dodgy" then for a warranty claim.
Also, Ebay's "standard protection scheme" is not worth the bother, as I would have to get "an independant supplier to test the board and verify the fault in a written report", when I stand to be able to claim a max £30 for this item after their admin costs( assuming they pay up!).
I am particularly sick with a "reputable" company like Creative however, as this model of board has not been in production for 2 years yet, and so must be within the warranty period.
They also will not repair at cost out of warranty.
I went for the Creative item rather than the miscellaneous unknown boards for sale as I thought this company was a quality concern.

  rickimalone 14:31 22 Jul 04

Yes I feel for you with that, but it is the buyers responsibility to ensure the terms of your contract are resolved before you buy the item.


If the item was listed with any type of warrentee then you would be protected by ebay but if not thats just how it works.


Always communicate with the seller first but remember you are only protected by ebay when the sellers defaults on what is listed in the items description so next time communicate, if they really want your business get them to relist the item including terms of sale.

  spuds 18:55 22 Jul 04

It as always been known that ebay is a buyers beware situation.Before any agreement is made, and the auction frenzy commences, it is the buyers responsibility to safeguard their own interest. Buying an item,whether new or used,is taken at chance, and to expect that the manufacturer will come to the rescue, would be asking a lot.

What made you believe the seller was a 'boni fide' supplier of Creative products, instead of just another supplier of unwanted goods. Did the 'supplier' actually state that they were retailers/wholesalers or business trade person!.If so, then you may have a case against them,if not, then I would say that you have purchased something that you have now regretted.

  Dorsai 18:17 23 Jul 04

All of the above, while true, and certainly worth paying attention to re. eBay..

If you bought a 3 month old car privately, and it went wrong (and it had not done too many miles, been abused/modified etc), and you went to a dealer for that make of car, they would fix it. It came with a warranty and is still within the warranty period. full-stop. end of story.

Is it right for manufacturers to put such limitations on a warranty??

It should be of 'merchantable quality' and 'fit for purpose'. As it is less that two years old, and has gone wrong, and the makers claim it has a two year warranty, then surly it is not of 'merchantable quality', as those who make it clearly expect it to last two years, and as it hasn't it has failed their own 'merchantable quality' test.

  spuds 22:42 23 Jul 04

You will find that most warranties are non-transferable,unless stated in the manufacturers/retailers terms and conditions, and you will find that the Sales of Goods Act covers this subject. For example, you purchase a gift for a friend, and it proved faulty. It would be the purchaser who had claim on the retailer, and not the friend.

  Forum Editor 07:32 24 Jul 04

doesn't alter his/her liability to you under the law. In theory you are entitled to claim a full refund, as under current legislation it will be assumed that the fault existed at the time of purchase.

That's the theory - the practice may be a different thing altogether. If the seller refuses to acknowledge his/her liability there's not a lot you can do, apart from taking legal action to recover your money.

Creative are doing what many manufacturers do - refusing to allow warranty protection to be transferred.

  Rogerfredo 10:59 24 Jul 04

Thanks for all comments, even those which are not so sympathetic!
I am kicking myself for not realising the pitfalls of buying in this way, but thought I would try and prevent others from falling into the same trap.
I also believe that the "non transferable" warranties are a poor reflection on a manufacturer.

  Chip loose 11:00 24 Jul 04

A number of manufacturer's do use ebay to sell lines and offer the standard warranties, as if you were buying direct from them.
However, many of these products are old stocks, but there are still bargains to be found.

I think that Ebay is fantasic, but you really do have to be careful. For every bargain there seems to be an equal number of dodgy items and con men waiting to take advantage

  lpen1 12:38 24 Jul 04

I must take issue with you last remark. I buy and sell on ebay. This year alone I have made 60 purchases on ebay, not one has gone wrong. Sure there are dishonest people on ebay, but knowhere near as many there are honest.

This thread is now locked and can not be replied to.

What is Amazon Go and will it come to the UK? The store without checkouts or queues

1995-2015: How technology has changed the world in 20 years

Why ecommerce hasn't taken off on social media

New MacBook Pro 2016 review | MacBook Pro with Touch Bar review: Apple's expensive and powerful…