Warranty situation when buying new items on eBay?

  cyberphobic 19:54 08 Oct 2006

Not strictly computer related but of general interest. I bought a brand new unopened Sony Sat Nav from a private individual on eBay. I paid by Paypal and it arrived sealed and definitely unopened. I installed it and it worked fine but has now developed a fault. I contacted Sony and explained the situation and they said that I need a receipt as proof of purchase. I have printed off all the eBay screen prints and also the email confirmation from Paypal confirming that I have paid for the item. I downloaded a repair form from the Sony website and one of the questions is "Name and Address of original retailer" I have emailed the guy I bought it from and he told me that he had been "selling a few things for a friend who has now gone back to Australia"!!! but he couldn't tell me where the Sat Nav was originally bought (or perhaps stolen!) from. Using the Royal Mail and Directory Enquiries Websites I have now got his full name and full address. Sony charge almost as much as I paid for the Sat Nav for out of warranty repairs which clearly is not a road I want to go down, can anyone tell me what my legal position regarding warranty is please?

  namtas 20:30 08 Oct 2006

I am not going to be much help I am afraid, it would seem fair and reasonable, that any outlet charged with a repair under guarantee would seek to protect itself and only deal with problems that had a history they could follow. One easy way to achieve this is to have sight of the original receipt which in a way is a bit like a log book, i.e. who purchased, when purchased and price paid. I can see their point of requiring this but I do not have any clue as to the legal situation. Perhaps this is the price you pay for some types of eBay shopping. However I can fully understand how easy it can happen and hope you get it resolved

  harry1888 20:37 08 Oct 2006

Cant Sony trace the original retailer by the serial no?

  cyberphobic 21:21 08 Oct 2006

Thanks for your responses - namtas - understand where you're coming from, but it was a genuine purchase and the item does have a genuine serial number. With 10 million UK eBay accounts, change is afoot and many new items are now changing hands without the traceability which manufacturers have traditionally demanded.
harry 1888 - you may well be right, item is being posted back to Sony tomorrow so will have to wait and see.

  spuds 22:42 08 Oct 2006

If the person who sold the item is a trader selling many items over a month, then you may have a comeback under consumer law. If the person is a private individual, selling the occasional item, perhaps for a friend, then you may have no comeback at all. Sony can be a little awkward on this point, regarding warranty claims.

Producing a PayPal receipt, is not what Sony would want, because PayPal are not authorised Sony agents. Purchasing from an individual could jeopardies any claims, because the warranty (if available) may not be transferable to another party- ie you.

  cyberphobic 13:01 09 Oct 2006

Spuds - thanks for that, I understand the points you make. My point, valid or not, is that in "the good old days" people bought things from shops to use themselves, now with the advent of the internet and eBay, life ain't so simple anymore. To follow what you say to it's logical conclusion, an item cannot be described as new on eBay unless the original retailer is selling it. If that's the case then thousands of items every day are being incorrectly described. I'm no expert but would be interested to know how the "Sale of Goods Act" would interpret my situation.

  Smiler 14:22 09 Oct 2006

Sale of goods act would class you as having bought it from a private individual unless you can prove he is selling on a large scale as a company would. The upshot being that the sale of goods act doesn't apply unless the item is not as described in the advert.

Look at Q2 here click here

  Stuartli 21:32 09 Oct 2006

If you know the name of the individual who supplied it (you say you e-mailed him), are you able to check what else he is/has been offering on e-Bay?

It might provide a clue as to the extent of his volume of sales.

  cyberphobic 21:45 09 Oct 2006

Many thanks for your informative post - informative but worrying! Hadn't realised quite how much of a minefield this all was - I naively assumed that if I bought something new then the normal warranty conditions applied. Anyway, posted it off to Sony so will update on what happens!

  cyberphobic 21:49 09 Oct 2006

20 items sold over a 24 month period (with 100% feedback) nothing currently for sale.

  Smiler 09:49 10 Oct 2006

It's a pity that when selling you the item he hadn't included the original receipt. If I sell an item that is still in warranty I include the original receipt so that the buyer can get this sort of problem sorted.

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