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Warranty for defective product
Dear users,
I’m asking for your help with the situation I’m in. I bought a stand mixer from a professional seller and it was duly delivered to me within the expected time frame. When it arrived, everything was perfect (packaging, product, etc.), and the same was true during the first uses (used three, maybe four times, always following the instructions).
As soon as the 14 days available for the return had passed, when I was about to use the product again, it suddenly stopped working and that day, and even afterward, I was not able to start the machine’s program and therefore use it.
Even though the return period had expired, I tried to start the process with the seller, providing a detailed description of what happened and explaining that, since it occurred less than three weeks after purchase and with minimal use, I believed it to be a manufacturing defect or some pre-existing issue with the item.
The seller refuses to accept the return, stating that I should go to a service center to have the product repaired, since only they can verify that it is a manufacturing defect.
How should I proceed? Request intervention from Ebay? Open a dispute through PayPal?
Thanks in advance for your replies.
marioelegio
Mentore2 years agoRegardless of what the seller says, within 30 days of receiving the package, if the product is defective, you can return it with return shipping costs borne by the seller. 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
hi
mario
carlmenca-0
OP2 years agoHi Mario,
thank you for your reply. As soon as I noticed the problem, I immediately notified the seller and started the Ebay return process. To date, even though almost a week has passed, the return has neither been accepted nor blocked by the seller, who only replies to my messages by inviting me to go to a service center.
I took a look at the link you shared with me but I can't find any reference to the 30 days. Since this deadline will expire soon, I would need a reliable source on this timeframe, also so I can possibly appeal to Ebay intervention.
marioelegio
Mentore2 years agoThe procedure must be opened within 30 days of receiving the package. You can find the timing here: https://www.ebay.it/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?id=4210#section3
Anyway, if you have already opened the return procedure, the seller has 3 business days to accept it and arrange the return. If they haven't done so, you can immediately ask eBay to step in: https://www.ebay.it/help/buying/returns-items-not-received-refunds-buyers/chiedi-ebay-di-intervenire-acquirenti?id=4701&st=3&pos=1&query=Chiedi%20a%20eBay%20di%20intervenire%20-%20acquirenti&intent=chiedi%20ad%20ebay&lucenceai=lucenceai&docId=HELP1382
If the seller is a professional with a registered office in an EU country, remind them that the legal warranty means they must handle the warranty directly and they must not send you off to a service center.
Hi
mario
carlmenca-0
OP2 years agoMany thanks Mario for the precise and timely information.
Tomorrow, after the 3 working days have passed, I’ll ask Ebay to step in.
carlmenca-0
OP2 years agoHi Mario,
I opened the dispute on Ebay and within a few hours it was closed, stating that the product cannot be returned because it is not in the same condition in which it was received. The response seems only partially relevant to me since obviously, to identify a problem/defect, the item must necessarily be used a few times.
What would you advise me to do? Send an appeal to Ebay? Take action through other channels?
marioelegio
Mentore2 years agosorry, but you said the dispute had been open for days and that today you would ask eBay to intervene.
Did you choose the reason "item not as described"? Because this seems like the prepackaged response in case of a return request for change of mind (obviously you can't return an item for change of mind after having used it).
If you chose the wrong reason, there's no point in filing an appeal. All you can do is open a second dispute on the PayPal site (for item not as described).
bye
mario
carlmenca-0
OP2 years agoYes, the return request had been opened on Saturday, but since the weekend was in between, I had to wait until today to open the dispute.
The reason was "item not as described" but, even after speaking just now with Ebay Customer Service by phone, they told me again that there can’t be a return if the item has been used even just a few times.
sika700
Mentore2 years agoThe case in question cannot be handled as a return, but rather as a warranty claim.
The item delivered was working, so it matched the listing; if it broke while you were using it, the reason may be improper use or a product defect.
So contact the seller to assert the legal warranty on the product.
If you requested a fiscal receipt or any other document proving the purchase, what the seller told you is correct, namely that you can go to a service center and the repair will be carried out under warranty.
Kind regards.
carlmenca-0
OP2 years agoHi sika700,
thanks for the guidance. The item was working during the first uses (3/4), then it stopped working and, precisely because it had been used so little, I felt it was reasonable to attribute it to a defect or a pre-existing problem that, without having used the item, could not have come to light.
Regarding the purchase, I have the Ebay receipt, which should be enough for the warranty repair. However, it seems absurd to me that I should have to take a practically new product - not even a month after delivery - to the service center (which, among other things, is quite far from where I live, with the resulting waste of time).
marioelegio
Mentore2 years agoThis is the AGCM regulations and guide, the seller cannot avoid their responsibility (seller's legal warranty) by sending you to the service center. If anything, it's your choice to use the commercial warranty instead of the legal one.
https://convienesaperlo.agcm.it/diritto-alla-garanzia/
https://www.agcm.it/pubblicazioni/dettaglio?id=411fd8e5-67bf-4163-a12d-8af10dfc351f&parent=Vademecum&parentUrl=/pubblicazioni/mini-guide
I would still, at the same time, give it a try through PayPal.
hi
mario