Gator08041971 • Volunteer Community Mentor 2024
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@panaglemo0 wrote:
As of today, namely, 8 months after using the product, the mobile phone stopped working. The mobile phone is proven to be defective because while it is fully charged, during a phone call a message appears stating that the mobile phone cannot make the call because it does not have enough battery and suddenly the screen turns off. A few days ago it shut down permanently, and now it doesn't work at all even though it's plugged into the charger.
eBay does not respond to my emails, nor refund my money for the defective product, thus violating European and International Consumer Rights Laws.
Well, here in the forum all we can do is point out a few things:
First off, any condition issues that showed up when you got the item should have been resolved immediately. eBay has a 30 day Money Back Guarantee. This should have been reported as an item that was not as described rather than accepted as is.
We are now 8 months later. Not sure if there are any protections you can use to resolve this matter. eBay themselves aren't the seller, they simply host a place to buy and sell things. So them not responding sounds normal for this situation.
Now, I'm not up to date on European and International laws, but exactly what are you referring to? What do these laws do?
Did you buy from a seller in the European eBay market? Or was this a US seller? If the latter, would the laws apply to a seller not located in the same country?
You see there are a lot of issues with this, mostly due to the time between your purchase and now. I'm not sure there are many here that are going to have an answer you will like.
@panaglemo0 wrote:
As of today, namely, 8 months after using the product, the mobile phone stopped working. The mobile phone is proven to be defective because while it is fully charged, during a phone call a message appears stating that the mobile phone cannot make the call because it does not have enough battery and suddenly the screen turns off. A few days ago it shut down permanently, and now it doesn't work at all even though it's plugged into the charger.
eBay does not respond to my emails, nor refund my money for the defective product, thus violating European and International Consumer Rights Laws.
Well, here in the forum all we can do is point out a few things:
First off, any condition issues that showed up when you got the item should have been resolved immediately. eBay has a 30 day Money Back Guarantee. This should have been reported as an item that was not as described rather than accepted as is.
We are now 8 months later. Not sure if there are any protections you can use to resolve this matter. eBay themselves aren't the seller, they simply host a place to buy and sell things. So them not responding sounds normal for this situation.
Now, I'm not up to date on European and International laws, but exactly what are you referring to? What do these laws do?
Did you buy from a seller in the European eBay market? Or was this a US seller? If the latter, would the laws apply to a seller not located in the same country?
You see there are a lot of issues with this, mostly due to the time between your purchase and now. I'm not sure there are many here that are going to have an answer you will like.
@panaglemo0 - eBay is also based in the European Union, so its regulations should be in line with European Law, which states that products have a two-year warranty. Also, when a seller ships used, defective, or refurbished products that they have listed as new and unopened, eBay is held responsible for the seller's fraud.
Just to clarify. Does this law only affect sellers in the same country? And how can they hold eBay responsible if they are not the ones selling the product or the seller themselves? If anything the law would have to go after the actual seller of the item.
Keep in mind, I'm not disputing the fact the seller sold an item that wasn't as described. But I can't see this getting resolved to your satisfaction in this situation, if the seller resides in the US.
And a 2 year warranty? I'm assuming this can only be applied to brand new products, not refurbished, used, or other condition, correct?
Not sure how that will convert a 1 year warranty item sold here into a 2 year warranty either.
Not to mention, most sellers are not able to honor the warranty themselves, even if its new. Manufacturers have rules about how the warranty is handled. They have to be purchased from an authorized reseller and honestly, most sellers are not authorized on that level. Being a brand new item still won't mean it comes with a full warranty. Even Amazon has an issue like that here, if you are buying from a 3rd party on their site, warranty is not usually an option. I have had to fight to get some things taken care of there too.
I honestly think you are going to end up learning an expensive lesson without a satisfactory resolution. But I could be wrong.
Well that changes things again.
That means you accepted a resolution already. No wonder they aren't responding or helping you with the situation.
This means they know you knowingly accepted the item as-is. I know the return shipping was probably high, but considering the item, it may have been best to return it, at least the result would have been better.
So yeah, this lowers your chances of resolution even further unfortunately. Not sure what else to suggest here. ☹️
I'm sorry to disagree, but country of origin is very important here. There are different laws everywhere.
Manufacturers of products also have limits as to what warranties are for each country. Here many products are at most 1 year. And that doesn't "transfer" if you buy an item for the US market and use it in a different country. It was not made for the Euro market for example.
That aside.
I know you are frustrated, and you got a product you weren't expecting that has now stopped working. However the process in how you handled this situation has put you into this position:
1: Seller sold an item as new and shipped you one that was not new. This is the Seller's fault, not eBay's. And it was a terrible experience, I do sympathize with this part.
2: You attempted to return but didn't want to pay the return shipping. This was your choice, not eBay's.
3: You accepted a partial refund as a resolution to the problem. This was your choice, not eBay's. (edit, this may be wrong after reading your edit update in your last post)
4: 8 months later you have an item that has failed and are wanting to claim a warranty where none exists, due to the above points.
You can claim Euro warranty and rules, but they aren't going to apply at this point in this situation. And the target should be the seller of the item, as its their fault for selling a product that was not as described. Just because eBay operates in the European market doesn't mean all the items purchased from eBay will qualify.
As for me being a rep, no. I'm just another buyer/seller on here. I have been around for a few years is all.
One addition, that I just saw you add:
I asked for a price reduction because the mobile phone was refurbished and used. - I did not accept anything, and eBay did not refund a single euro back.
So you had asked, but not actually received a refund or reduction? Is that what you are saying here? If so, then my earlier assumption is invalid regarding you accepting a resolution. Still not sure how this will help your situation with the time between purchase and now.
You keep using that a lot, but not sure its going to help you here. Again, the product you bought was located in a different country under different rules. Just because you bought it on eBay doesn't magically make it the same.
Seller did a bad thing, sold you a bad product. That part is terrible. Again, I sympathize.
But I don't see how you are going to force anyone (eBay or the seller) to fix it with the time between purchase and now.
If the seller resided in your country, I would say then you should be entitled to the rights you are asking for without question. I just don't see how that can be enforced in this situation.
Good luck though.
