Which categories of goods are not protected by the customer warranty?
Summary: The discussion concerns the categories of goods that are not covered by the customer warranty. Several participants, including magno1982, heavenwelkin, marioelegio, and others, share observations and clarifications on the topic, but without providing specific details in the content reviewed.
Hello everyone.
I find myself having to sell five professional machines for making pasta. They are used, very heavy and bulky, and have to be moved with a forklift.
I will not offer shipping, only pickup on site at the buyer's expense. What I fear is that the buyer, after taking the machines, could open a dispute claiming that they are not as described and force me to refund part of the money under threat of return.
I absolutely need to avoid a return: because moving the machines costs money and half a day of time; because I am selling the machines precisely to clear the premises where they are now; because I will have to be away from Italy for a few months and I can't deal with hassles like this.
At the bottom of this page:
https://pages.ebay.it/acquistare/garanzia-cliente/
eBay says that “industrial and manufacturing machines” are excluded from the customer guarantee. However, in the more detailed lists on the internal pages, only construction machinery or entire business transfers are listed.
The phone service told me that a dispute can in any case be opened. What do you advise me to do?
Thanks everyone.
marioelegio
·11 months agoI think you’re referring to any return requests for non-conformity. For regular consumers, this is a legal right and you can’t avoid it.
In-person delivery still gives you a chance to assess the potential buyer. I don’t know whether it can be useful, but I’d recommend checking the operation with him and drawing up an accurate description of the equipment and its condition.
For some equipment, the right of return is not provided simply because it is aimed at professional users and not regular consumers, but it requires a company-to-company invoice specifying the condition of the machines.
hi
mario
magno1982
OP11 months agoThanks to both of you for the reply.
Unfortunately though, they don’t really fit my situation.
I need eBay’s auction because I don’t know what they’re really worth, I’d like to cash them out within a few weeks and I don’t want to get tangled up in negotiations with professional dealers.
The item is used and I’m not a professional seller, I can’t issue invoices, and as far as I know the law doesn’t guarantee the right of withdrawal for goods bought and picked up in person, or am I wrong?
Besides, a test run is not feasible because where they are there’s no 400V power supply, which they need to work.
The description would be clear: used machines, working at the time they were last switched off: no warranty, no refurbishing, you buy what you see.
marioelegio
·11 months agoIf you don’t see them working, do you buy what you see, i.e. a wreck?
No one is talking about the right of withdrawal, but we are talking about conformity, and that must always be guaranteed in every transaction.
If you sell them as used and then they don’t work, you are obliged (by law) to refund them.
hi
mario
daxsisko
·11 months agoin my opinion Ebay IS NOT the right platform for selling items where hand pickup is (or almost) a given ..... consequently, I’d orient myself toward another platform (well known to most more "experienced" users ..... ) where payment in cash or, alternatively, via advance bank transfer is possible...
magno1982
OP11 months agoHello and thank you, first of all. Maybe I'm not that experienced... Could you tell me what this platform is? However, how could I get past the problem of not knowing how much the goods are worth? The buyers I've met are generally bargain hunters who try to drive the price down: with an auction they'd tear each other apart and good night.
daxsisko
·11 months agoI’ll tell you right away...... if you appreciate the wordplay.... (and anyway, if I’m not mistaken, it’s partly owned by eBay itself..... )
anyway, you need at least some idea of the price ...... at an eBay auction you run a serious risk of underselling the item (especially if it’s not very "well-known" / "traded" ) .... also, if pickup is local, honestly, how many buyers do you think would make bids ?
magno1982
OP11 months agoThanks, I got it right away.
What can I say, it’s a lot of eight machines that together make up an artisanal pasta workshop. Just think, I got them 4 regions away from mine, all together, from a bankruptcy sale. I have a vague idea of the price, but very vague; they could be worth half or twice what I think (I think 8000, sold individually).
I really didn’t imagine that on eBay I’d run the risk of selling them off cheap... On the contrary, I thought it was the best way to value them!
daxsisko
·11 months agoapart from your specific case :
Ebay , for better or worse , you have to know it ..... especially if you've never sold on the platform before , the advice is to read the rules very carefully (..... commas included .... ) and often that's not enough, since you also need a certain amount of experience ..... so look for as much useful information as possible , even on the web and/or in the community .... as well as doing test sales to get familiar with the platform ( it's preferable to initially list low-value items.... in case the transaction goes badly..... )
other platforms are much simpler
just to give a couple of examples from the rules :
if you decide to sell, you are required to link a bank account which then has to be verified by micro-deposits;
Ebay handles payments : so if the buyer wins the item, they can easily make the payment through the above-mentioned payment processor, even in the case of local pickup : if they then dispute the item, it often gets painful.....
and that's only the beginning...... not to mention DAC7 ( and here we're talking legislative level...... )
heavenwelkin
·11 months agoIn this case, if you don't want to risk post-sale issues, you should sell them as NON-WORKING, SPARE PARTS, but in that case it's hard that someone would buy them, or anyway you'd have to sell them for a ridiculous price.
For this type of item, eBay isn't the most suitable platform.
Even running auctions DOES NOT GUARANTEE that there will then be participants offering a fair price, so you might end up selling them for 200 euros (just as an example).
To sell an item on eBay, the best solution would be a Buy It Now with purchase offer because views on listings are low compared to the past.
Today there are several used-sales platforms competing for listings, so eBay is no longer a reference point like it used to be.
If you really want to post an ad on eBay, do it ONLY as local pickup, avoid any kind of shipping.
Best regards
magno1982
OP11 months agoThanks a lot.
On the issue of risking selling at a low price, I was thinking of setting an auction starting bid and spamming the auction to various dedicated sales groups, in an attempt to divert potential buyers there.
As for shipping, of course, only in-person pickup. So that they can inspect the item and pay for it afterward... But so in the end, does no one know whether this category of machines is excluded from the customer warranty, like real estate and vehicles? Has this never happened to anyone?
orangefisherman
·11 months agoBut sorry, the question is if you do hand-to-hand exchange why all these doubts??? they come to see it, they like it, they take it, they pay you (so outside eBay) but what is your problem
marioelegio
·11 months agoIf the listing is on ebay, even with an in-person handover you can pay in advance (via ebay form) and thus be protected by the ebay customer guarantee.
If the items are sold as used and then don't work, they can be returned. The problem is that they can't be tested at the place where the handover takes place.
Your considerations would only apply in the case of cash payment.
hi
mario
magno1982
OP11 months agoBut at this point, who proves that they were not working when he got them? The buyer could have broken them, or maybe they could work but he still doesn’t know how to use them, or they could work but not as well as he wants them to: for sure they’re not new, you can’t expect them to be like new, but they’re not junk either.
I was hoping that the list of product categories excluded from the warranty, as stated by eBay itself, was binding: this stuff does not allow for a warranty (real estate, intangible goods, services...), but instead it’s really not clear at all.
orangefisherman
·11 months agoHi Mario, of course... but I took it for granted. I mean, those rare times when I do hand-to-hand exchanges with c@@@o that I get paid via eBay 🤣
magno1982
OP11 months agoThanks for the reply.
As the user mario says after you, even if the handover of the item happens in person, shouldn’t the payment still be made through eBay anyway? After all, it seems to me that until the buyer pays, the parties have no way to exchange private contact details... Sure, with something like that it would also be understandable that a potential buyer would want to come see it first, but if you want to comply with eBay’s conditions it’s impossible, right? If it were possible to do as you say, there’d certainly be no risk at all: you inspect the goods, at most you draw up a brief private sales agreement, bank transfer, and that’s that.
heavenwelkin
·11 months agoYou need to know that regardless of the fact that eBay may provide buyer protection on your dough mixers, with payment by visa/mastercard cards and their derivatives (see paypal), even if you do an in-person pickup, the buyer could dispute the payment through paypal or through their bank (chargeback).
So if you don't want to have any of these problems, you need to try to arrange things privately with the buyer, who comes to see the goods in person and then, if they're happy with them, pays you in cash and takes them away.
heavenwelkin
·11 months agoHi @magno1982
You can sell the items on eBay by avoiding shipping and choosing the ONLY local pickup option.
In this case, any dispute would save you money.
If you decide to offer shipping for the items, you run the risk that the buyer will open a dispute, and in that case you might have to cover the return costs yourself.
With remote sales you have more chances of selling the item, but the risks are greater than with a simple listing where seller and buyer arrange things in person.
Best regards