24-Month Warranty
Hi everyone, even though I’ve been on eBay since 2005, you never stop learning!
I wanted to ask for some information about this scenario:
A seller of printing supplies who also has a physical coffee pod shop sells phones on eBay, and up to this point there’s nothing strange. I buy two mid-range phones from him with a 24-month warranty, and after not even 10 days the charger for one of them stops working. I contact the phone manufacturer and they say that if I didn’t buy it from their stores, I need to take it up with the seller.
Here’s where it gets interesting: I contact the seller describing the problem and he tells me that he is neither a reseller nor does he provide assistance, and that therefore he can’t replace the charger (guaranteed by the manufacturer for 6 months). After several cordial messages and exchange of opinions, and after also hearing from eBay’s wonderful support, I find out that I could request a refund for the item (provided by the seller within 30 days). I ask the seller whether that’s okay with him and he tells me, “sure, but it’s used and with a charger that doesn’t work, so you’ll get a partial refund. eBay rules are eBay rules, laws, the AGCM or anything else have nothing to do with it.”
To put it briefly, eBay tells me, quite rightly, that where there is a shortfall in the refund, they will cover it themselves (I love eBay).
But just as a survey, (I’m a seller too, but of used parts) how is it possible that the 24-month warranty (even just the first few months) is not the seller’s responsibility and that they can, let’s say... get away with it? Being a seller, it’s an interesting topic for me too.
It should be specified in the listing that products of that brand sold outside the official store do not come with charger warranty except through the seller (and if they sell on eBay, can they get around that? Doesn’t that give at least a slight impression of a scam? Thanks everyone... always helpful.
stok_mania
OP2 years agoPerfect so I wasn't completely crazy after all ... at least on this issue, but anyway just out of curiosity:
I was reading ....
"What to do if an item is returned used or damaged
Once you receive the item, you must refund the buyer. However, if the item has been used, altered, or damaged, it may be possible to deduct an amount from the buyer's refund to cover the loss in value of the item.
If the return is eligible, when you refund the buyer through the return request you'll see the option to deduct a specific amount or a percentage. Once you've sent the refund, we'll keep the return open for up to 10 days to allow the buyer to ask us to step in, but, since you're protected, no action is required from you."
The wording "Used" gives me an opening to handle the matter as they please. Some put in the return conditions that they take the phone back if it doesn't exceed 15 minutes of calls. But of course, as you said, the defect is not something that warns you beforehand.
Thanks Mario, tonight I'll sleep peacefully .....if I sleep.
marioelegio
·2 years agoEverything you wrote only applies to the right of withdrawal. When you buy from a professional seller, the buyer has the option to inspect the item and, if they don’t want it, can return it within 14 days for withdrawal (even if it matches the listing). In these cases, penalties may apply (if the item has lost some of its value) and return shipping costs are the buyer’s responsibility.
When it comes to non-conformity, by law there is simply no possibility of deducting anything from the refund, and return shipping costs are also the seller’s responsibility.
Since you’re a professional seller in disguise or will have to become one (very soon), you should study Legislative Decree 206/05 carefully
bye
mario
stok_mania
OP2 years agoYeah Mario, totally busted. I should make the move but, as you clearly understood, I have a lot of gaps on certain rights and laws; at least I know about them, but only in broad strokes, and as I was telling you, studying eBay's guidelines sometimes makes things pretty unclear. Like the excerpt I posted to you doesn't talk about return/reason but about return.
Not knowing really gets on my nerves.
Andrea
technopartsbay
·2 years agoIf during 2023 it sold more or less like in the last quarter, I think it’s better that it gets compliant soon...
stok_mania
OP2 years agoOf course, one hopes for more, but since I'm not demanding and it's a hobby, let's say that as long as it stays under the limit there shouldn't be any problems .
marioelegio
·2 years agoThe problem is that there is no limit. They’re just urban legends with no basis at all.
Then it’s obvious that the more exposed you are, the greater the risk becomes, and that (as of 2023), once you exceed 2,000 euros in earnings in a calendar year, the platforms report you to the tax agency.
But you have to consider that just one sale, even for 1 euro, is enough to be heavily penalized if you sell items that you buy solely for the purpose of making a profit.
hi
mario
marioelegio
·2 years agoBig confusion.
If the seller is a professional seller with a registered office in an EU country and sells any product with their professional account, they are presumed to be carrying out a business activity and are therefore subject to consumer law. They must provide the consumer with a 24-month legal warranty.
The manufacturer’s warranty is a commercial warranty that is optional and as such may have limitations. Almost all technology manufacturers limit it to sales made through the official sales network, not recognizing it for products that are imported in parallel from the Asian market.
Then I’d like to know who told you these fairy tales:
Those are not the eBay rules!
The eBay customer guarantee would allow you, within 30 days, to return the entire defective item (at the seller’s expense) and be fully refunded. It is up to you to accept (or not) a partial refund, and you should know that eBay will not add anything to what the seller offers you.
https://www.ebay.it/help/buying/returns-items-not-received-refunds-buyers/restituisci-un-oggetto-cambio-di-un-rimborso?id=4041&st=7&po=2&uci=0&ri=0
bye
mario
stok_mania
OP2 years agoHi Mario, and thanks for the reply.
As part of the “bureaucracy office” series, clearly the easy things have already been done by others.
Like you, I was also a bit stunned by the replies I received. According to eBay, the problem is that if the product had already arrived with the defect present, I could also have benefited from the eBay warranty. Since I marked everything as OK in the feedback, any later issues would have to be handled with the seller.
As for the request for repair/replacement of the product, I was made to understand that I should have dealt directly with the Seller outside of eBay, which at this point, since eBay cannot assess whether the item is actually defective, does not side with anyone and issues the difference to cover what the seller considers a refund (20-minute call with support).
All this has brought me into a kind of confused trance.
Now, to dispel the fog that surrounds me: for products where the warranty is specified, does the eBay Seller have to take back the product and fix it or replace it, correct?
Thanks
Andrea
marioelegio
·2 years agoThe feed doesn’t say anything. You can still open a dispute; the defect isn’t always immediately identifiable (that’s why there are 30 days).
If it is professional and consumer-related, the rules of the consumer code apply. So the seller is obligated to repair/replace the defective item.
hi
mario