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Original poster

Broken toy

19 replies

ToothlessAndPointless · 25/12/2015 11:04

I bought a new in package WWE figure on Nov 2 for my son for Xmas. He opened it today, moved the leg (it is poseable) and it snapped off.

Contacted the seller who has told me I need to take this up with the manufacturer. Is this right? It was £20 if that matters. Thanks. There is no option on ebay to open a case. It was as described, it just broke immediately!

OP posts:
FeelingSmurfy · 25/12/2015 11:17

If it was new in packet then I would say take it up with manufacturer, but just be aware that it could be a fake (in which case go back to eBay)

AnchorDownDeepBreath · 25/12/2015 11:18

Was it a business seller on eBay, or a personal one?

Not that it makes much of a difference, in law your rights are with the seller, but it might be easier to go via the manufacturer if it's a private seller.

Original poster
ToothlessAndPointless · 25/12/2015 12:16

A personal seller. She seems to sell on genuine items at inflated prices and high postage which I was happy enough to pay as no one else had this particular wrestler in stock at the time.

I'll take it up with the manufacturer thanks.

OP posts:
19lottie82 · 25/12/2015 13:39

Nonsense.no need to take it up with the manufacturer. They most likely won't take anything to do with it anyway, as you essentially bought it "second hand".

Open an item not as described case with eBay and return it for a refund. If the seller doesn't proviso de you with a pre paid returns label, call eBay and ask for one.

karalime · 25/12/2015 13:49

No, she needs to take it up with the manufacturer as she is the seller.

When you sell things to people, you accept the risk that some of them may be a bit crap and break. Open return request but state the reason. If she does not comply you will get refunded automatically.

Original poster
ToothlessAndPointless · 25/12/2015 15:30

It doesn't give me an option in the resolution centre to open a case for that item though. Other purchases are showing but not that one.

OP posts:
19lottie82 · 25/12/2015 16:57

You might have to wait until after the latest delivery estimate date until you can open a SNAD case? (That's a guess btw)

Original poster
ToothlessAndPointless · 25/12/2015 17:31

It's OK. I managed to open a case by going into the website instead of using the app. I'll see how it goes. I saw I paid £24.50 in total... a lot of money for one minutes "playing".

OP posts:
Original poster
ToothlessAndPointless · 25/12/2015 18:53

Right, her reply is that I return it to her at my cost and she sends it to the manufacturer to see if there is a fault or if force caused the leg to break. If I accept that course of action she says I would have to agree to stop the action for a refund until investigations are completed.
She's also reminded me of her no returns policy.

Advice anyone?

OP posts:
19lottie82 · 25/12/2015 21:09

No returns policy is worthless. It only covers a change of mind. NOT faulty / misdescribed goods.

Her offer is also non sense.

Repeat that you wish to return the item at HER cost (ie she provides a pre paid label), for a full refund upon delivery. Then if she ignores / refuses, simply wait another 7 days and escalate the case (an option will appear after this time frame). eBay will adjudicate and force the seller to refund upon return. They should send you a pre paid returns label too, but if they don't, get in touch with them and request one.

DON'T get involved with any long winded arguments / string of messages with the seller. Simply send one final message reminding her of her obligations as a seller, and provide one final request.

Once you have your refund, leave appropriate feedback. Keep it factual and don't get emotional, to avoid any possibility of it being removed.

Original poster
ToothlessAndPointless · 25/12/2015 21:30

Thank you lottie

OP posts:
19lottie82 · 25/12/2015 22:43

No problem T+P. Again, don't get drawn into fruitless arguments with the seller. If she doesn't play ball, simply escalate after the fixed time period provided by eBay. If you need any further advice, just post on the thread.

nauticant · 27/12/2015 21:06

19lottie82 has this exactly right OP. Follow what she says and you should get shot of the item and your money back.

Original poster
ToothlessAndPointless · 28/12/2015 09:15

I'm just waiting to escalate it now. I sent the message as per lottie, seller stuck to her guns so I said I will escalate it when possible as we can't agree. Both very polite so it'll be in Ebays hands when the time comes.

OP posts:
summerwinterton · 28/12/2015 12:03

btw if she is buying to sell on then she is a business and should be registered as such with eBay and HMRC.

Original poster
ToothlessAndPointless · 03/01/2016 12:40

Great. EBay won't refund as it's outside their 30 day money back guarantee policy. Been referred to PayPal.

Sigh.

OP posts:
19lottie82 · 03/01/2016 12:49

Sorry OP I totally missed the part that you bought it at the beginning of November, I apologise. TBH I'm not sure you will get anywhere with PayPal either at this point in time either, as I think you're only allowed to make one claim (eBay or PayPal)

Original poster
ToothlessAndPointless · 03/01/2016 12:49

Ohhhhhhhh. Good result actually. PayPal refunded in full. Grin

OP posts:
19lottie82 · 03/01/2016 16:29

Glad to hear it!

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