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eBay Refund Terms?

  • 16-03-2011 4:11pm
    #1
    discombobulate
    Registered Users, Registered Users 2 Posts: 2,846 ✭✭✭


    I sold an iphone on eBay that was brand new in the box. The buyer said the battery was dodgy. I've told them they need to go back to apple and they will replace the phone. The phone is definitely covered by apple.

    The buyer says his contract is with me and wants a refund of the money not a replacement etc. Am I obliged to do so given that he has been using the phone for over a week now?


Comments

  • #2
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    discombobulate wrote: »
    I sold an iphone on eBay that was brand new in the box. The buyer said the battery was dodgy. I've told them they need to go back to apple and they will replace the phone. The phone is definitely covered by apple.

    The buyer says his contract is with me and wants a refund of the money not a replacement etc. Am I obliged to do so given that he has been using the phone for over a week now?

    Depends how you sold it? Are you selling it as a private person or as a retailer? Bit of a tricky one.

    If you sold the phone as second hand even if described as 'almost new' as is then that's where it ends. If the phone is new then it is under warranty and therefore the buyer needs to take it up with Apple.

    You should perhaps get some legal advice on this. The person obviously needs to return the phone to you.


  • #3
    discombobulate
    Registered Users, Registered Users 2 Posts: 2,846 ✭✭✭discombobulate


    I'm registered as a business but am a private seller. I sell quite a few things on eBay so it allowed me to be a powerseller if I registered on the site as a business. The item was described as "new".

    Why would the person have to return it to me though? Sold using paypal so worried they'll just open a dispute and my experience of paypal is they always favor the buyer.

    I'm not even convinced that the buyer has a problem with it. I think their just not used to a battery running out as fast as they do on an iPhone compared to another phone.


  • #4
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    As a business, you are responsible for any refund or repair that might be needed. Tell them to return the phone to you, at their expense, and you can get it repaired by Apple yourself then and re-sell it.


  • #5
    dudara
    Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Moved to Online Buying & Auctions

    dudara


  • #6
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Being a powerseller might be your undoing. As I understand it a 'Powerseller' is essentially an online retailer sitting on eBay. You would be the same as any online business.

    How long did the buyer have the item before contacting you to return it?

    Check the eBay Powerseller T&C's and the Distance Selling Laws will probably also apply to you.

    Do you have your own terms and conditions of sale? Here's one from the USA but I don't know if it would be legal in Ireland or EU:

    http://www.e-powersellers.com/templates/rules.htm

    Note the warranty term.


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  • #7
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    it would be best to work this out with the buyer before they file a dispute or claim.

    Your contract is with the buyer, the buyer will not be assisted by apple as they didnt buy from appel.

    They would in all likelihood be granted a full refund with return (at their cost, via registered post) of the item by ebay/paypal if they file a claim


  • #8
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    BrianD wrote: »
    Being a powerseller might be your undoing. As I understand it a 'Powerseller' is essentially an online retailer sitting on eBay. You would be the same as any online business.

    How long did the buyer have the item before contacting you to return it?

    Check the eBay Powerseller T&C's and the Distance Selling Laws will probably also apply to you.

    Do you have your own terms and conditions of sale? Here's one from the USA but I don't know if it would be legal in Ireland or EU:

    http://www.e-powersellers.com/templates/rules.htm

    Note the warranty term.

    these will be superseded by the paypal t&c if the buyer files a claim.


  • #9
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Max Power1 wrote: »
    it would be best to work this out with the buyer before they file a dispute or claim.

    Your contract is with the buyer, the buyer will not be assisted by apple as they didnt buy from appel.

    They would in all likelihood be granted a full refund with return (at their cost, via registered post) of the item by ebay/paypal if they file a claim

    But so far as I know Apple would be obliged to honour the warranty as the manufacturer if the product. More hassle for the user but still can be done.


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