Ebay Refund via Credit Card Company?

[Zoom7000]

Just wanted some advice about an ebay purchase that has since become faulty. I purchased this chair in September 2013 from the same seller. I learnt the hard way that it's a terrible product! First and foremost it's not a massage chair at all. It's more like an overblown vibrator! :| Anyway, I ignored that and persevered with the chair, however, in December, the gas mechanism developed an issue, where it just started to sink slowly as anyone sat on it. This for me was completely unacceptable after just 3 and a half months of usage. I have tried to contact the seller for support options 3 times, but I've had no response at all. I called Ebay and they won't help because 45 days has passed, I called PayPal and they said the same thing. However, they said I could contact my credit card company and get a refund from them. The question I wanted to ask is, am I well within my rights to do this? Also, do I have to take responsibility of the return of the product?

 

EDIT: Just noticed it's now listed at £300 - I only bought it for £80 from the same guy! :|

Edited January 5, 2014 by Zoom7000

[twin--turbo]

If it's faulty and they don't respond or fix the fault then yes your credit card company is liable under the consumer credit act to compensate.

[FN-GM]

Have you tried phoning the seller? If not i would try that. Maybe threaten them with trading standards?

[jinnantonnixx]

It's a bit trickier as the credit card payment was not directly to the retailer - it was through an intermediary, Paypal in this case. The CC company could argue that their obligations have been fulfilled - they have transferred the funds to Paypal and there is no relationship between you (the CC holder) and the seller.

 

There is a chance that this might apply: Can I claim on my credit card when something goes wrong? - Which?

 

However, I suspect that you are out of luck. I really hope you're not, of course, but I have a bad feeling about this.

1. Third party payment systems

 

consumer > Paypal > credit card provider > retailer

 

Completing a credit card transaction through a third party payment service means that the credit card provider and the seller are no longer in a direct relationship so are not equally liable.

 

This happens with payment services such as Paypal, as well as Amazon Marketplace, Worldpay and Google Checkout.

 

They create an extra link in the chain and so when Paypal is used for payment, there is no direct connection between the bank of the customer and the bank of the seller to qualify for consideration under section 75.

Our guide to credit card protection under law: section 75 Look for the 'paypal' section.

Edited January 5, 2014 by jinnantonnixx

[Arthur]

they said I could contact my credit card company and get a refund from them.

You're not covered under Section 75 of the Consumer Credit Act because your item cost less than £100, and as @jinnantonnixx mentioned, the transaction involved an intermediary (PayPal). If you issued a chargeback, PayPal could send the debt collectors round to get their money back.

 

Pay for something costing between £100 and £30,000 on a credit card and the card issuer's equally liable if something goes wrong. (Source)

 

However, you should be covered under the Sales of Goods Act since you purchased the chair from a business seller at a fixed price (the 'Buy It Now' button).

 

Buy from a trader – a person who makes or sells goods bought with the intention of resale – and you have the same statutory rights as when buying from a shop. This means your goods must be of satisfactory quality, fit for purpose, and as described. (Source)

 

Due to your chair being less than six months old you would be entitled to a replacement or repair of the goods. You almost certainly won't get a full refund - it's too late for that.

 

I called eBay and they won't help because 45 days has passed, I called PayPal and they said the same thing.

This is precisely why I don't buy expensive items through eBay.

[Zoom7000]

Well, I decided not to chargeback as I didn't wanna risk getting on PayPal's bad side. The seller replied once I threatened him with the chargeback and he said he'd send a replacement gas pump. Over 2 months later, I still haven't heard anything back at all and he won't reply to my numerous messages. So, before I write it off as a complete waste of money... Is there anyway I can go about getting a refund/money back? I can't afford to pay too much in legal fees, will small claims court cost me a lot and require me to take time off work? Edited February 20, 2014 by Zoom7000

[featured_spectre]

If you have in writing that they will send the replacement gas pump they usually have 28 days to comply. From here you go to small claims court.

[mac_shinobi]

Not sure if this applies or helps any, remember watching watch dog about people making purchases on ebay where by the goods / services sold were not described correctly or accurately and the buyer received the good(s) but the goods were damaged ( which was not shown or advertised as such in the advert )

 

Distance Selling Regulations - Which?

 

Edit : Doing this sort of thing on your credit card or by the distance seller regulation - I thought it had to be within a certain time frame or period from the date of purchase or possibly the date of when you get the goods / service ( most likely the latter ).

 

BBC One - Watchdog - Distance Selling Regulations

 

BBC One - Watchdog Daily - Online Shopping: Your Rights

Edited February 20, 2014 by mac_shinobi