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Finally we took the worst of Amazon and brought it to eBay!
Customer buys a battery, uses it, after a month returns it for a defect.
We pay for the reshipment, we receive the battery thrown into a bag, without the original box, without the maintenance and safety manuals, not even with any packaging around it.
By law the goods must be returned complete with original packaging, especially a battery, we asked the customer for it via PM 2 times. Never got a reply.
The return expires and closes in their favor, refunded. We open a dispute, closed against us, reason "ebay doesn't know what condition the product is traveling in, in case of doubt the seller gets the short end of the stick".
The manufacturer asks me for packaging in order to proceed with a replacement, if it's not there they will check the possibility of a repair, if the battery is actually defective. So at best I'll get a repair for a battery that can't be resold. If it was broken, I can only report the customer, already knowing that it's money wasted.
congratulations, this is the right path to lose even that tiny slice of the market (of tax evaders and counterfeiting) that was left to you.
marioelegio
Mentore1 year agoEbay definitely didn't get this from Amazon. Everywhere (both directly and on any marketplace), in distance selling it is mandatory to comply with these rules.
Both the civil code art 1497 and the consumer code art. 130 and following provide that, in the event of non-conformity, the buyer may return the goods at no additional cost even if they have opened the package and thrown away the original packaging.
What you're talking about (original box, maintenance and safety manuals...) only applies in the event of the buyer changing their mind.
hi
mario
youtoolsstore
OP1 year agoArticle 1497 of the Civil Code deals with lack of qualities, not lack of conformity: it has nothing to do with it, because the supplied item was exactly of the expected type and quality and initially fully compliant.
Under Article 130 of the Consumer Code the buyer is entitled primarily to RESTORATION by repair, if that is not possible by replacement, and only as a last resort to a refund. In paragraph 8 it even states: "In determining the amount of the reduction or the sum to be refunded, account is taken of the use of the goods". So it is relevant, but it also confirms what I wrote in the first post.
eBay settles with the customer without any analysis, does not provide for either repair or replacement, does not provide for a partial refund, does not take into account the seller's legitimate requests (given the nature of the item, which has its own specific regulations), and does not even wait to find out whether the item was damaged by the customer...
SURPRISE: two days ago the manufacturer let me know that the battery had been damaged by improper use (probably contact with liquids). So eBay refunds a customer regardless of the laws, completely ignoring the seller's reasons.
Sorry Mario, I confirm and stand behind everything written in the first post.
marioelegio
Mentore1 year agoIt's important to confirm and stand by your positions, even when that leads to wrong solutions. Ebay has definitely taken on some qualified legal advice to draft its rules and doesn't operate in disregard of the laws in force.
How can you say that art. 1497 doesn't apply? Have you even read it? Since it was written in 1942, maybe it uses terms different from those in use today, but it's absolutely clear and easy to interpret.
When the thing sold does not have the promised qualities or those essential for the use for which it is intended, the buyer is entitled to obtain the termination of the contract according to the general provisions on the termination for breach, provided that the defect in quality exceeds the limits of tolerance established by custom.
By definition, a product is non-compliant precisely when it does not have the promised qualities (that is, those essential for the use for which the product is intended).
hi
mario