advice re faulty goods

LCPete

LCPete

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I've just received a faulty external disc drive from Dabs outlet on eBay
It didn't work as soon as I plugged it in
Iassumed that the seller would tell me to send it back and send me another one
They have just emailed me back saying that I should send it to the manufacturer
I've just messaged them back stating that for faulty goods the first responsibility is with the seller and anyway the distance selling regs mean that I can send it back in 14 days
Am I right?
 
LCPete said:
Am I right?
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No.

Distance selling regs allow you 7 days to reject the goods. But they don't apply to auctions. (You don't say whether or not your purchase was via an auction.)
 
Hi it was a buy it now
I think that they are trying it on to be honest
Im sure with eBay selling rules the seller should take back faulty goods
 
We'd need to see what was on the E-bay thread, for instance some say "no refunds", and a distance selling clause only comes in if it was a Buy-It-Now option. If they accept refunds then your contract is with Dabs, aletrnatively the goods may not be as described so you should be able to open a dispute and get PayPal to refund you (assuming you paid through PayPal of course). Another option depending on the prce of teh goods is a refund via your debit/credit card.
 
Ahh thanks for quick replies guys
It was a buy it now and I did pay with PayPal so should be covered
I was just surprised by their response to be honest I expected them to say to just send it back
I've been buying and selling on eBay for years and never had a problem up to now
Just got to decide if I want the hassle of claiming back from PayPal
Or if it would be easier to contact the manufacturer which is Toshiba
 
Be careful, once you decide to contact Toshiba you may find your initial contract with Dabs/PayPal is voided?
Also if they repair it then you're stuck with it as you will have accepted it with its faults in the eyes of the law.
 
Do not contact toshiba.

Your contract is with the seller and it is their responsibility to resolve your issue.
I would contact them again and remind them of your rights as a consumer and ask them to resolve things.

Failing that, put in a claim to paypal.
 
Thanks I think you are right that the seller should sort it:)
I will email them one more time ive messaged them 3 times already but do want to give them a chance to do the right tthing before I start a PayPal claim
 
I have messaged the seller four times now :)
It does look like I'm going to have to claim back through PayPal though
They have just sent two standard replies telling me to send it to Toshiba
 
Ecoleman is right, Toshiba don't come into it, your contract is with Dabs.
 
Steep said:
Ecoleman is right, Toshiba don't come into it, your contract is with Dabs.
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Thanks yes :)
Will give Dabs a chance to sort it out then I will start a PayPal claim
Doesn't look like they are going to do the right thing as they messaged me quickly initially to say to send it to Toshiba but when I twice asked them to sort it as it is their responsibility I've had no reply
should have got it from amazon !
But when I got home my monopod head that I ordered from an ebay seller in china had arrived excellent quality, really well made so that cheered me up:banana:
 
Surprised at Dabs, I bought a NAS from them and one of the hard drives failed after 10 months, they didn't have a replacement drive so just refunded me for the complete NAS on return of the faulty drive.
 
gramps said:
Surprised at Dabs, I bought a NAS from them and one of the hard drives failed after 10 months, they didn't have a replacement drive so just refunded me for the complete NAS on return of the faulty drive.
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Yes I was surprised they did have 100% positive feedback on ebay when I ordered it and are an ebay power seller
 
You have given the seller plenty of time to sort so I would now open a dispute via your resolution centre in ebay. Beware though the seller will initially not be responsible for return postage which needs to be signed for. Stick with it though and you'll get all your money back + any postage costs. Unfortunately this seller will not be motivated by poor DSR's or neg feedback, volume of sales will mitigate any loss of reputation.

Steve aka jakeblu
 
Thanks steep mystery and Steve yes I will start the process tonight
First time I've had to do this just a pain really
Never mind I will pop into town and get a drive from maplins
The frustrating part is that I think that someone had already returned it to dabs before they sent it to me as the box had been opened and resealed
 
Keep ALL your emails to and from Dabs, PayPal/Ebay are bound to ask for them if it escalates into a claim/refund.
Register your claim NOW.
 
Thanks yes I will
Not had to do this before I've always found that ebay sellers will always try to resolve any problems
I guess as Steve said dabs sell in such high volume that they don't bother to sort individual issues
I won't bother with them again though!
 
LCPete said:
Thanks yes I will
Not had to do this before I've always found that ebay sellers will always try to resolve any problems
I guess as Steve said dabs sell in such high volume that they don't bother to sort individual issues
I won't bother with them again though!
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To be honest, I have made several purchases from Dabs in the past (this laptop i'm on now being one of them) without problems. The only time I had an issue with a product (long time ago) I took it to them (9 miles away) so no problem with the distance bit! But I have heard of others having problems with their customer service. Good luck with your claim, I'm sure PayPal will sort it for you.
 
wontolla said:
To be honest, I have made several purchases from Dabs in the past (this laptop i'm on now being one of them) without problems. The only time I had an issue with a product (long time ago) I took it to them (9 miles away) so no problem with the distance bit! But I have heard of others having problems with their customer service. Good luck with your claim, I'm sure PayPal will sort it for you.
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Thanks am sure that it will be sorted its just the hassle
I guess its when you have problems that you find out who the decent sellers are
 
I have started a case with ebay now just got to wait now:)
 
Just heard from dabs
They do want to resolve it and have issued an authorisation for me to return the drive
Good news in the end
Thanks everyone for the advice :):)
 
ecoleman said:
Your contract is with the seller and it is their responsibility to resolve your issue.
Click to expand...

This is correct.

The law overides any terms and conditions imposed by sellers.

The seller supplied something not fit for purpose so it is his responsibility to either make it right or refund you.


Steve.
 
:)Just an update
I have now recieved a refund from Dabs for the cost of the drive and postage and they have sent me a cheque for my return postage
so it all worked out in the end:)
thanks for the advice everyone telling me that it was up to the seller to sort it Im glad that thats what I did
 
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