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Original poster

item not fit for purpose

16 replies

amimagic · 14/06/2010 21:52

I've bought a push chair off ebay, and it has two clips which don't work (ones which hold the seat-back up) . I emailed the seller to tell her and she says it was fully checked and all clips were working but I can return if I like. I have told her it's not actually useable as is, and it's not a matter of "if I like". I am miffed that I will be out of pocket by the return costs for something that is totally not my fault and shouldn't have been sold in the first place. This is not something that would have got damaged in the post. Is there anything I can do?

OP posts:
happynappies · 14/06/2010 22:01

I'd try to point out to her that under the circumstances she should refund postage costs as the item wasn't fit for purpose... always difficult with Ebay as you kind of want to keep good communication going with the seller but need to be assertive too. I just had an issue myself with a double buggy - it was advertised as from a pet free and smoke free home, and was covered it white fur and really reeked of smoke. Although the seller disputed it, she agreed to come and collect the buggy and refund me. I suppose just be as pleasant as you can, but state your case and say how you want the situation resolving.

CarGirl · 14/06/2010 22:13

Are you sure the clips are faulty and not just tricky/you're not doing it right etc?

Unfortunately according to ebay rules (I think) you still have to return it for a refund.

bacon · 14/06/2010 22:37

Fit for purpose rules only apply to NEW products not used.

With any law you have to give the seller the opportunity to put it right.

Nothing you can do, unless you pop it down to a local pram dealer to get them to check that it is broken.

I suppose that is the problem with buying from e-bay, its not a shop as such. Most good shops would refund the postage.

I've never had a problem like this. Majority of the time the items as brill.

Original poster
amimagic · 14/06/2010 22:42

Thanks for responses. Yes, they definitely are faulty, they are very simple clips like you'd get on a rucksack for example and whilst those on one side work, on the other they just pop right open with the slightest pressure. No chance of holding my 6 month old, and she can't spend all her time laying down! This is a business seller if it makes any difference, not a mum just selling on her used stroller.

I've no problem returning it, apart from the fact that it's going to cost me, probably £20ish, when I need every penny, hence buying second hand in the first place.

OP posts:
Original poster
amimagic · 14/06/2010 22:46

Sorry Bacon, x posted. Would it be worth me going to a local dealer? Would independent proof mean that the seller would have to return the postage costs? She has agreed to refund the purchase price and original postage already.

OP posts:
Original poster
amimagic · 14/06/2010 22:46

Sorry Bacon, x posted. Would it be worth me going to a local dealer? Would independent proof mean that the seller would have to return the postage costs? She has agreed to refund the purchase price and original postage already.

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CarGirl · 14/06/2010 22:49

Is it worth trying to to pull the prongs outwards a bit? Or perhaps replacing the clip - you can buy them on line, can't think of the name at the moment though.

I would obviously ask for a partial refund to compensate for having to do the work.

DaisymooSteiner · 14/06/2010 22:51

Yes, it does make a difference if it's a business seller. I had to look into this a while ago, and the information I found was that by being 'not fit for purpose' the seller has broken their contract with you and as such you are entitled to a refund or replacement. They are entitled to retrieve the item and you must allow them to do so, but you are not obliged to return it yourself.

CarGirl · 14/06/2010 22:53

Fabulous Daisy, OP put in an ebay & paypal dispute and take it from there, tell her she can arrange a courier to come and collect it if she wishes to do so.

DaisymooSteiner · 14/06/2010 23:08

The trouble with going the ebay/Paypal dispute is that they will not find against the seller unless you can prove you returned it....

Original poster
amimagic · 14/06/2010 23:18

Thanks both. CarGirl, am frightened to pull on the bloody things in case they snap off! Have thought of getting new ones, but the straps are all kind of moulded in IYSWIM.

Daisy, what do you mean about proving its return? Do I have to send it back before they will do anything? I would rather go down the trying to repair route if I'm going to lose out alltogether.

OP posts:
CarGirl · 14/06/2010 23:22

There is a live ebay/paypal help service somewhere perhaps try talking to them.

I wonder if you could creat a complete new strap with fastners on and put it around the frame somehow. Which pushchair is it (complete pushchair nerd confession)?

Original poster
amimagic · 14/06/2010 23:56

CarGirl, it is a QuickSmart Easy Fold.

like this one

I will try contacting ebay tomorrow, to see what they say.

OP posts:
CarGirl · 15/06/2010 10:50

If the value of the pushchair is less than £50 then you can return via courier for £8, if it's worth more than £50 then it's about £10. Still a lot of money though for something that is faulty.

BuzzingNoise · 15/06/2010 11:01

I would put a claim in with Ebay straight away. Why should you be trying to repair? It should be fine to use. It's therefore not as described.

bacon · 15/06/2010 18:45

Deffo worth taking photos showing damage and e-mailing over to the business seller first.

I agree you try to save money and expect first class service.

I would be annoyed if I had to pay p&p return its hardly fair.

its very upsetting and time consuming too.

Yes agree with all above.

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