Consumer protection

[divlong]

Back at the start of December I purchased a new Mitre Saw from a company on eBay. As it was to be a Christmas present from my wife I did not set it up or use it, but merely opened it to ensure that all the components were present. As the package had been left out in the rain overnight before I was informed that the item had been delivered to my workshop, the packaging was not worth keeping and I recycled it. When I came to set up the saw a week or so ago, I found that the frame and fence were twisted. I got back to the company I bought it from and they have stated that as I don't have the original packaging there is nothing they can do, and referred me to the manufacturer, with whom I have so far been unable to make contact. I am sure that it is the responsibility of the dealer to resolve this issue but they are adamant that as I don't have the original packaging it is not. Who is right? Cheers Duncan

[divlong]

Sorry, it went into the wrong section. I have reposted in Law.

Cheers

Duncan

[elaine33]

as you bought it from ebay, did you pay by paypal. I believe they offer some sort of consumer protection. It might be worth trying them, or your credit card company if it was a credit card transaction. good luck

[Ethel]

You do not need original packaging - you are returning it because it is faulty, not because you have changed your mind.

The seller is responsible for refunding or replacing, not the manufacturer - your contract is with the seller.

As already suggested, claim through PayPal if you paid with that.

[divlong]

Thanks, both.

Ethel, I had understood from previous questions that it was the sellers responsibility. I tried to tell them exactly what you have just said but they wouldn't have it.

I've got through to the manufacturer now and they instantly arranged for it to be collected. They were only interested in the proof of purchase, not the packaging. Which gives the lie to the seller.

Had they not been so helpful I would certainly have gone the PayPal route against the seller - and that still remains an option. Unfortunately because it's over 30 days since the sale I don't think eBay itself will be interested in a complaint.

I always enjoy your posts here Ethel. Insightful and often amusing :-)

Thanks again.