Ebay question re faulty goods

[Greenkit]

Dh bought a helicopter from ebay for DS for Christmas. It wont work, it looks like it a fault with the controller.

Anyway Dh has emailed them to let them know that it is broken and they have replied 'there is no warranty on this product' we have checked there page and it doesn't state this anywhere.

So what now?

Are they a business or private seller?

Has it ever worked?

If the seller is classed as a Business Seller then you can return it by law. - Distance Selling Regulations

If they are a private seller then I think it's a bit different. Ebay customer services should be able to advise.

Never worked no, just keeps flying round in circles

I think they are a business seller

Isn't there a fit for purpose 1974 selling act thingy??

If you paid a business seller by Paypal you have even more power behind you. The ebay discussion boards are a good place to go for specific ebay advice.

We have moved this thread to our Ebay topic now.

just open a not as described case with ebay and then send it back when they tell you to and you will be refunded

res.ebay.co.uk/ws/eBayISAPI.dll?ResolutionCenter

distance selling regulations only apply to buy it now, if it was an auction whether seller as business or not is kind of irrelevant as far as distant selling regs go

it is not irrelevant in terms of feedback or opening a not as described dispute

new things must be fit for purpose last reasonable length of time etc, this is true whoever sells it, however a private seller reselling a new item with tags will not be responsible if it unravels in wash 4 days later though if you had bought from a shop they would

second hand must be as described whether private or business seller