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Unknowingly sold faulty goods

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  • 22-07-2019 7:21pm
    #1
    [Deleted User]
    Posts: 14,344 ✭✭✭✭


    Howdy do folks.


    (Not my own situation, but will write it from a first-person perspective to make it easier to read and follow).




    So effectively, I bought a product online (we'll say security camera) about a year ago. Turned out in the end that it wasn't actually needed and has, as such, sat in a box untouched for a few months.


    Need to pay a few bills, so figure i may sell this on and get some money back out of it.


    List it for sale on eBay, and it sells fairly swiftly. Send the item on, and all is well.


    A week or so later, buyer messages saying that he has wired up the camera, and it doesn't actually work. He has tried everything and wants a refund (understandably).


    However, in this situation, I am broke, so can't offer a refund, and the ebay ad is written honestly, stating that I never actually used the product after I bought it. I rarely ever sell anything on eBay, so the default returns policy is 'No returns accepted' on the ad.


    Messages back and forth have been polite, but obviously the buyer is naturally going to be peeved and feel like i pulled the wool over his eyes.


    Has anyone been in this situation before?


    My assumption would be that since the item description was honest, and it was sold by a private individual (rather than a business) that it's a case of buyer beware and ebay/paypal won't get involved, however I see ebay's money back guarantee seems fairly staggered in favour of the buyer, so unsure if they'll get involved.




    (either way my friend has no money to actually pay back the refund anyway).




    Anyone able to offer any assistance to this situation? If it makes any odds, the item was originally also purchased on ebay from a private seller.




    Cheers


Comments

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    #2
    Gonad
    Registered Users Posts: 654 ✭✭✭Gonad


    ask the buyer to return the product to you at their own cost .

    When you receive it back you need to check the item yourself . If it is indeed faulty just refund then the money . It would be up to yourself then if you also wanted to refund their postage costs .


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    #3
    AulWan
    Closed Accounts Posts: 1,653 ✭✭✭AulWan


    Paypal will automatically refund him if he raises a dispute. They always side with the buyer.

    Get him to send the item back, then refund him.


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    #4
    Sleeper12
    Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    You can't sell faulty goods. "No returns" policy is only for a change of mind it does not cover faulty goods. Buyer is entitled to a full refund inc postage assuming goods are actually faulty & not installed incorrectly.

    You should have tested the product before posting. Now you don't know if it was faulty or if it was damaged during installation.


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    #5
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Howdy do folks,

    So can I ask, the fact that the item description did actually state that the product was never used by the seller (my friend, who never installed it) doesn't stand to anything at all in his favour, no?

    I was always under the impression that there's always an element of risk when buying something like that, and that's why he included that it was never used in the item description.


    Failing that, as a refund is not possible (he simply hasn't the cash) what's the upshot for him? Product is worth roughly €120 or so.


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    #6
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Its a private sale so buyer beware unless there is something in the ebay / paypal T&C's.


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    #7
    AulWan
    Closed Accounts Posts: 1,653 ✭✭✭AulWan


    Deleted User wrote: »
    Howdy do folks,

    So can I ask, the fact that the item description did actually state that the product was never used by the seller (my friend, who never installed it) doesn't stand to anything at all in his favour, no?

    No.

    When does he get paid next? He can delay the refund for a while by letting the buyer go through the dispute process, but he'll probably end up with very negative feedback on eBay.


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    #8
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    AulWan wrote: »
    No.

    When does he get paid next? He can delay the refund for a while by letting the buyer go through the dispute process, but he'll probably end up with very negative feedback on eBay.


    I don't think he cares about negative feedback to be honest.


    His outlook is that he himself has been done, too, as he obviously bought a faulty item and just never found out on time. He's only finding out now that it's been sold on to someone else.


    I can see his point, although i obviously feel for the buyer, too.


    My presumption, as someone who only uses ebay for buying and rarely ever for selling anything, is that it would have been a case of 'buyer beware' as it was being sold by a private person and not a business seller. It looks like I'd be wrong on that, though, based on the replies here?


    EDIT: As far as I'm aware he's either on the dole, having recently lost the job, or on massively reduced hours, which is why he dug this out to sell it. He didn't specifically say, and I didnt want to ask outright and make things awkward, but i think he lost the job. Not that it's relevant.


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    #9
    Sleeper12
    Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    Ebay give six selling options:
    1. New
    2. New other(see details)
    3. Manifacture refurbished
    4. Seller refurbished
    5. Used
    6. For parts or not working.

    It's not refurbished so that leaves 1,2,5 & 6. From what you have posted then I assume seller claimed New or New other. In both of these cases buyer is entitled to a working camera.

    Buyer is cover by Paypals T&Cs assuming they used Paypal.


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    #10
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Sleeper12 wrote: »
    Ebay give six selling options:
    1. New
    2. New other(see details)
    3. Manifacture refurbished
    4. Seller refurbished
    5. Used
    6. For parts or not working.

    It's not refurbished so that leaves 1,2,5 & 6. From what you have posted then I assume seller claimed New or New other. In both of these cases buyer is entitled to a working camera.

    Buyer is cover by Paypals T&Cs assuming they used Paypal.


    It was marked as 'Used', if that matters.


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    #11
    Sleeper12
    Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    Deleted User wrote:
    It was marked as 'Used', if that matters.


    That's an unusual way to list a "new" item. It reduces its value compared to "new other"

    Buyer is still covered by PayPal assuming they used PayPal.


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    #12
    AulWan
    Closed Accounts Posts: 1,653 ✭✭✭AulWan


    When Paypal is involved, it should really be Seller Beware.


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    #13
    fritzelly
    Registered Users Posts: 17,285 ✭✭✭✭fritzelly


    Advertised as used implies still working
    Paypal will refund no questions asked.


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    #14
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Sleeper12 wrote: »
    That's an unusual way to list a "new" item. It reduces its value compared to "new other"

    Buyer is still covered by PayPal assuming they used PayPal.




    Sorry, incase it's been confused - The item was purcahased used on eBay. It was never actually used by my friend, and then sold again on ebay, marked as used.


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    #15
    fritzelly
    Registered Users Posts: 17,285 ✭✭✭✭fritzelly


    So your friend was sold a dud, I assume from a private seller? If it was from a company then you may still have some comeback


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    #16
    ED E
    Registered Users Posts: 36,166 ✭✭✭✭ED E


    What will happen is Paypal WILL refund the buyer.

    If "your friend" has zero balance he'll go into a negative balance. He'll then need to reimburse paypal.


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    #17
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    ED E wrote: »
    What will happen is Paypal WILL refund the buyer.

    If "your friend" has zero balance he'll go into a negative balance. He'll then need to reimburse paypal.


    And if he decides not to and opts to close his account instead?


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    #18
    Sleeper12
    Registered Users Posts: 16,917 ✭✭✭✭Sleeper12


    Deleted User wrote:
    Sorry, incase it's been confused - The item was purcahased used on eBay. It was never actually used by my friend, and then sold again on ebay, marked as used.


    Used should still be functional.

    The only listing for non functional items is "for parts or not working".

    They actually have a listing for not working.


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    #19
    ED E
    Registered Users Posts: 36,166 ✭✭✭✭ED E


    Deleted User wrote: »
    And if he decides not to and opts to close his account instead?

    If its small it'd not be chased by them but you'd be opting out of using Paypal in future until its repaid.


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