Refund on faulty internet purchase (non-EU)?

Howdy folks!

I bought an MP3 player on Ebay from a seller in Hong Kong in January. Within a few months the player starting having problems until eventually it stopped working altogether (it actually froze in start-up mode).

I contacted the seller who asked that I return the MP3 player to him. Which I did. He sent me back a new/refurbished/repaired MP3. It appears he installed new software on the player.

I tried out the new player but within 15 minutes of installing fresh batteries it was apparent that the problem had not been resolved and the MP3 player stopped working (freezing in start-up mode again).

I contacted the seller that same day and told him of the problem. He wrote back asking me to send the second player back again and he would send me a new unit or refund me (his English isn't entirely clear but I think that was the jist of it).

Sending the MP3 player to Hong Kong by registered post isn't cheap (€5.20 each time I send it despite it being only a tiny yoke) and takes ages - it was over a month between sending out the original MP3 player and receiving back the second player - leaving me without an MP3 player for the duration.

Should I give him a second chance at repair or do I have a right to insist on a refund? Under what legislation? (I've read http://www.askaboutmoney.com//showthread.php?t=2175 but it's focus is EU purchasing) Can I claim the cost of postage? I'm wondering whether my rights would be reduced beyond one year after the purchase date, which, given the time it takes to send the player back and forth to Hong Kong, won't be long in coming.

What to do, what to do! Suggestions please.

Thanks folks!

c

I would probably look for a refund and try for a refund of other expenses incurred. However, whatever your statutory rights might be I reckon that enforcing them could be difficult. After all it's not like you can easily take him to (Small Claims) Court or anything like that. If he's willing to refund you then he may go the extra mile and refund other expenses too. Obviously you should register some appropriate feedback on eBay for this seller.

ClubMan said:

. Obviously you should register some appropriate feedback on eBay for this seller.

Click to expand...

I don't think eBay supports feedback on this kind of after-sales service. You get one shot at posting feedback per purchase, so if you've already posted on this seller, I don't think you'll be able to give an update.

The practicalities of enforcing any kind of legal rights with an eBay seller in Hong Kong are daunting. If he offers you a refund, I'd jump at the chance.

Hiya Rd and Clubman,

Thanks for the replies. I agree that whatever my rights may be it's going to be daunting to enforce them if it comes to that.

I think you're right about the feedback, Rd. Once the goods are delivered I leave feedback. In this case the problems didn't arise til some time after the delivery.

I think also that the refund was only being offered contingent on my returning the MP3 player a second time. I suppose its not unreasonable to expect that the goods are returned to the vendor for a refund but I think I'd better make it clear that that is the basis upon which I'm returning the player.

Stay tuned...

I bought a camera from the Canon UK Outlet On Ebay. There was a problem in their dispatch section about my address so they decided to return my payment immediately. However I did not receive back all that I had paid. About €9.50 was missing or about 5%. They would not reply to any email I sent about this shortfall whereas before they were very forthcoming with messages. I notified ebay but was told that this was as result of currency charges. 5%!! Any advice?

Hi Macnas

I don't think you should suffer as a consequence of the change in Fx rates. I would definitely contact . You clearly had a contract with the company. They failed to produce the goods.

I base the above on the fact that the error was made by their dispatch department and not by you on the order?

Marion