Returning Faulty item to Ebuyer, shirking responsibility.

[Jennji]

Hello All,

 

I wonder if you smart people can give me a bit of advice. My mother in law recently purchased an LG TV from Ebuyer. It arrived fine and worked for a few days. However within less than 10 days of arrival the item fizzed and smoked, which is obviously an electric fault/issue, it failed and had no picture. She turned it off and unplugged it because it was a fire risk. She called Ebuyer the next day to explain her issue and was told to contact LG for a reference number and then to contact them back to get an RMA number to return the item, and they would arrange to collect the item from her through their couriers.

 

She told Ebuyer that she did not have the original box, obviously she didn't anticipate this issue ( she's old ) and therefore she didn't have original box. She was told that as long as she 'sufficiently' packaged the tv for returned that they would arrange a new one, fix it or refund it. Both she and my husband 'sufficiently' packaged the item with newspapers, bin bags, cardboard to protect it, and then placed all that in a tight fitting box and ensured that all angles were covered.

 

The couriers came to collect the item and promptly throw it into the back of the van and started to throw other things on top. Then a couple of days later she gets an email to say that the item was damaged during transit and therefore invalidates the warranty and that they will not be looking into any other issues and sending her back the tv.

 

As you can imagine, she paid £300 for a telly, which had an electrical fault, but Ebuyer are using the excuse that even though their own contacted couriers damaged the item, that she is responsible and therefore will not be covered by any warranty. Surely this cannot be right?

 

'Sufficient' packaging is subjective for a start. My mother in law did not send the item back through her own means but their the contract courier of Ebuyer. No where in the terms and conditions, returns policy nor on any emails does it state that any items not returns as per their 'returns guide' will invalidate the warranty. Surely any cosmetic damages made by their courier cannot be the responsibility of my mother in law? And lastly, the so called 'cosmetic' damage by the courier does not negate the fact that the item was faulty in the first place.

 

My mother in law has made a claim through paypal whom she paid through. We want to fight this all the way. Surely the law assumes that the item must be of satisfactory quality and fit for purpose and of course it could not have been at the time of purchase when an electrical fault happened within days of purchase.Also the item was of course a safety hazard as it started to smoke. That is not normal for any television.

 

this is their returns policy: http://www.ebuyer.com/help/returns

it has their guidelines and returns policy. I see nothing about invalidation of warranty or that the buyer is responsible for the safe return of faulty goods. And surely guidelines are just that... guidelines. No where does it say you MUST return items in a specific way.It's all full of should's, we recommend etc....surely they cannot contact someone to something that is not in their terms and conditions?

 

Any help or information you can give us we would be grateful.

[djms]

I'm sorry that nobody has replied to you sooner. I am new on the forum. I can't really help because I am having problems of my own with ebuyer's refund/replacement policies. Did you get anywhere with this? Its so frustrating when a company does this sort of thing. I am only about £5 down but I want to fight my case because of principle. Ebuyer surely cannot treat customers in this way and get away with it. They deserve to go bust.

[ericsbrother]

Paypal arent the most helpful of companies as they arent UK based and dont understand that they are supposed to operate under UK law for business conducted here so you may not get the result you would expect.

I would write to the seller and point out that the couriers were contracted to them and not you so any damage they caused is down to the seller to sort out and that under the Sale of Good Act you are entitled to a full refund or a replacement and if that is not forthcoming you will take any necessary measure to recover your money, including court action. Give them a week to refund or respond positively and if they fail to do so make a claim against them using the County Court small claims procedure. Name the proprietor or any director of the company on the claim form, along with either the registered address or the address listed in the directorship.