Advice - Sale of Goods Act 1979

[timbo343]

I need some advice. We bought a printer off Ebay, advertised as HP 2055dn at £43 back in August 2015. It arrived and was put in a safe place, unfortunately we didn't check it out when it arrived so it remain boxed up until yesterday. We unpacked and it turned out to be a HP 2055d without the network. I asked our finance team to message the seller to say we received the wrong printer. They have come back and said they don't sell the HP 2055d (clearly they do) and they wont accept the printer back as its "past the 14 days period". I know i may be 5 months late but the fact is, you have sold an item that is wrongly advertised.

 

What i want to know is, would the sale of goods act 1979 back us up on this? I am fuming and the air was blue when i got told!!! To top it all off their emails were broken english. :mad: :mad:

[themightymrp]

I'm no expert but according to this site, a 'reasonable' amount of time to return goods is only 3 to 4 weeks. After that it can get sticky

 

Sale of Goods Act - Which?

[bald_pig]

You're going to be SOL on this one, you should've checked it on arrival I'm afraid!

[synaesthesia]

Surely the SoG act only applies to sole users and not businesses/schools etc anyway?

[timbo343]

Never mind . Anyone want a 2055d? Excellent condition only done just shy of 19k pages, no cartidge included. £40.

[Paul_L]

Remember as a School you are classed as a business, so the Sale of Goods Act does not apply to you in the same way as if you were a private customer, sorry

[localzuk]

Have you thought about getting a USB print server for it? Will be a little more money, but it'd do the job of turning it into a networked printer.

[timbo343]

Have you thought about getting a USB print server for it? Will be a little more money, but it'd do the job of turning it into a networked printer.

 

We have usb print servers lying around but i would have liked to have it to have a web interface so papercut can report on the toner usage and it means we can log into the printer.

[bennz]

There is a few things you can try first, contact the seller again offer clear description of what has gone wrong (screenshots of your recipt with the printer name and a picture of the printer name you received) and request that they resolve it else you will have to contact eBay and leave negative feedback.

 

If you dont respond or offer you what you want open a case against them with eBay detailing the above.

 

My wife gets stuff of eBay all the time and has fallen into the habit of always checking items immediately when received.

 

As with all legal matters it isn't very clear to us mere mortals however the consumer rights act which came in last year does state:

 

 

• As described The goods supplied must match any description given to you at the time of purchase.
  

 

It doesn't mention a date of limit on the above, however when you purchase something on eBay you do sign to the sellers returns/ refund policy which is probably what they are quoting in response, you could argue that "their policy contains unfair terms as per the UK's Consumer Rights Act 2015, the item you were sold was not as described"

 

I wish you the best of luck, unfortunately in my experience it is sometimes best to cut your loses and leave detailed negative feedback.

[themightymrp]

Except that the Consumer Rights Act only came into effect as of October 2015 - he purchased the printer before then so it probably doesn't apply.

 

The threat of the negative feedback bit might help your cause though, no traders like that appearing on their eBay outlet

[Joanne]

you can't leave feedback if it's been more than 90 days after purchase.

 

Just see it as lesson learned I'm afraid.

[GeekyPete]

Buyers may lose the right to reject goods if they have “accepted” them. Acceptance may be intimated to if the buyer keeps the goods for more than a “reasonable period of time”.

 

You really should have checked.

 

 

Business users still have protection. See this for an idea.

[timbo343]

Thanks everyone. Oh well, lesson learnt... check goods as soon as they arrive. Hey ho.

[timbo343]

What about trading standards? Would they help? What about people who were sold wrong things like holidays or what ever and months later, they can claim? Surely this is the same thing isnt it?

[difinity]

No, you had an opportunity to check and send back and you missed it. I imagine trading standards will tell you, you should have checked it on arrival.

Holidays are covered by ABTA, this purchase was covered by ebay for a short time. Be thankful it's a £43 printer and not in the hundreds.

[bald_pig]

Getting to the holiday is the same as receiving the parcel and opening the box, people don't complain 5 months after returning from their trip.

[Arthur]

We unpacked and it turned out to be a HP 2055d without the network.

You could network your printer by getting a print server.

 

Btw, I have one that I don't use anymore. I think it's an HP JetDirect en3700. I'll check later if interested?

Edited January 8, 2016 by Arthur

[timbo343]

You could network your printer by getting a print server.

 

Btw, I have one that I don't use anymore. I think it's an HP JetDirect en3700. I'll check later if interested?

 

Thanks, I would be if the print server reports on cartridge levels.

[MrPstv]

Just take the hit.. Its only £43, as someone else mentioned it's a lesson learned..

You/other made the mistake of not checking your items when delivered.

Job done move on...

[Arthur]

Thanks, I would be if the print server reports on cartridge levels.

I'll double-check when I get home and let you know.

[Arthur]

I would be if the print server reports on cartridge levels.

Unfortunately it doesn't (at least through the web interface).

[timbo343]

Unfortunately it doesn't (at least through the web interface).

 

Its ok thanks, ive bought a network card for it off ebay . Thanks for the offer.