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Defective product and seller warranty seals
Hello, I ordered a product that turned out to be defective (not disclosed in the description and vaguely acknowledged by the seller) that I used for a while and that I now wanted to return because of the defect (a faulty charging port).
I now find out that a transparent "warranty seal" had been applied to the screws, which I unknowingly broke while trying to figure out whether there had been any internal damage to the product during shipping, only to then stop at the seller’s reply to use another port (thus getting around the problem).
When I asked him to explain what the seal was, he replied vaguely, and says he only accepts refunds with intact seals.
In any case, I received a defective item that was not disclosed as such, and the problem had been acknowledged by the seller, who had other products with the same issue (without directly saying that they all had this same defect).
What should I do? The seller definitely won’t want the item back, should I contact Ebay? Thanks
marioelegio
Mentore2 years agoTry using non-conformity…. https://www.ebay.it/help/buying/returns-refunds/restituisci-un-oggetto-cambio-di-un-rimborso?id=4041
Even if you should still keep in mind that, by law, the attempt to open the device by removing the seal voids any right to a return.
hi
mario
macost_417
OP2 years agoAs far as I know, in any case, the seals have no kind of legal value. On top of that, I only found out about them when I asked to start the return procedure, since they weren’t indicated anywhere. Should I deal directly with the seller first in this case? Even though I’m not sure how useful that might be
Thank you so much for the reply!
PS: I still want to point out that in the end I never opened the product, because I always thought the seal was a different one
marioelegio
Mentore2 years agoThe seal has legal value; in fact, its breaking proves the buyer's "fault," and that is enough.
The Consumer Code refers this case to the Civil Code, in particular to this paragraph of art. 1492
If the thing delivered has perished as a result of the defects, the buyer is entitled to rescission of the contract; if instead it has perished due to an act of God or due to the buyer's fault, or if he has sold it or transformed it, he may only demand a reduction of the price.
I would try directly with eBay; it will depend a lot on the operator handling the dispute and on any possible objection by the seller.
hi
mario
macost_417
OP2 years agoAlso, I thought the seal was the huge sticker that had been stuck on the back of the product (another reason I stopped), not realizing that there wasn't any screw underneath it