Item broken and repaired twice within first 7 months, can it be refunded

micko4

Hi there

I bought an electronic guitar tuning device off seller from Germany eBay 7 months ago. It broke after 3 months and the seller sent me a replacement part. It broke again last week and the seller sent me another replacement part.

This says to me it was not fit for merchantable quality.

The manufacturer says they can not refund the money as they did not sell it to me, the seller says they don't refund after 14 days. eBay and Paypal say it is past their 6 month period but to try my bank.

I will see the bank but just wondering if anyone knows what I am entitled to, I know it is past 6 months but I have proof of it being faulty after 3.

Thanks

AngryLips

I think accepting a repair means you forfeit your right to a refund

gerard2210

Look up the european consumer centre website, you should get the advice you require there. I dont know much about them, just heard an interview on the radio, they help settle consumer disputes across the eu.

L1011

AngryLips wrote: »

I think accepting a repair means you forfeit your right to a refund

a: You have no "right" to a refund specifically
b: If the repair isn't permanent, refund is one of the other options.

The seller has to obey European consumer law regardless of what policies they have - if the device fails again, investigate taking a European Small Claims procedure against them

sbkenn

download an app for your phone, assuming that it is a "smart" one. Check the app settings before you use it though, some of them have a frequency offset.

mdebets

micko4 wrote: »

Hi there

I bought an electronic guitar tuning device off seller from Germany eBay 7 months ago. It broke after 3 months and the seller sent me a replacement part. It broke again last week and the seller sent me another replacement part.

This says to me it was not fit for merchantable quality.

The manufacturer says they can not refund the money as they did not sell it to me, the seller says they don't refund after 14 days. eBay and Paypal say it is past their 6 month period but to try my bank.

I will see the bank but just wondering if anyone knows what I am entitled to, I know it is past 6 months but I have proof of it being faulty after 3.

Thanks

As you bought it in Germany, the German consumer rules apply.
In Germany, the seller has normally two attempts to solve the problem either by repair or replacement (the choice is with the consumer, unless the price of one is disproportionately to the price of the other). As I presume the second replacement part works, you have no case here for a refund. If it breaks a third time, you (normally) have the right to a refund (sometimes even for damages, e.g. if you have to buy a new one at another place at an higher price). What could make it a little bit tricky is that if something breaks after more than 6 months, you have to proof that it was already broken when you bought it, but as the seller already accepted liability after 7 months and sent you out a replacement part, that should be proof enough.

MOH

It sounds like they are, but if the seller isn't a business then consumer law and the ECC won't help

L1011

MOH wrote: »

It sounds like they are, but if the seller isn't a business then consumer law and the ECC won't help

Acting as a business is sufficient - to stop sole traders pretending everything was a private sale. Providing spare parts is going to be sufficient to satisfy that really.

Lux23

AngryLips wrote: »

I think accepting a repair means you forfeit your right to a refund

Not true at all.

Under European law you actually have the right to reject a faulty item in the first six months and to ask for a full refund. In this case the consumer has opted for a repair and it didn't work so they have a strong legal standing to ask that they get a refund - however it may not be the full amount so perhaps a replacement is a better option. I certainly wouldn't accept another repair so early in the product's life cycle as I can't see your outcome being any different. But as this is a german company I would imagine the ECC may be able to help you out provided this wasn't a private sale. Sorry if that doesn't really help.

Lux23

mdebets wrote: »

As you bought it in Germany, the German consumer rules apply.
In Germany, the seller has normally two attempts to solve the problem either by repair or replacement (the choice is with the consumer, unless the price of one is disproportionately to the price of the other). As I presume the second replacement part works, you have no case here for a refund. If it breaks a third time, you (normally) have the right to a refund (sometimes even for damages, e.g. if you have to buy a new one at another place at an higher price). What could make it a little bit tricky is that if something breaks after more than 6 months, you have to proof that it was already broken when you bought it, but as the seller already accepted liability after 7 months and sent you out a replacement part, that should be proof enough.

I think if a business sells to a consumer in Ireland then the consumer can rely on Irish law and not German laws. Its part of the Rome agreement or something.