I specifically request an eBay representative to respond to this post. Inputs from other buyers and sellers are also welcome but an authoritative reply from an eBay official is highly desired.
eBay has a clear-cut policy against an item that is significantly not as described. My question is about a product that is as described - correct model, design, size, etc. - but is defective on receipt by the buyer. Many sellers are no doubt cooperative on such issues, but there are others who are not.
Some items, usually discarded or old stock, are clearly described as being in an unknown condition and sold "as is" with no guarantee of their condition. Others are careful to mention known defects. The buyer obviously takes the risk in such cases. This thread is about items - new or used - which are sold without such disclaimers. This represents the vast majority of sales at eBay.
When such items are received in a defective condition, it seems that some sellers try to evade responsibilty by making up excuses or telling the buyer to make a warranty claim to the manufacturer. To that end, let's be clear about the distinction between guarantee and warranty. To put it in a brief and simplified manner -
- A guarantee is about the initial condition of a product.
- A warranty is about taking responsibility for future defects.
Some sellers put up a "No returns" clause in their listing. Some others have a "No warranty" term. If they mean returns because a buyer changes his mind, then I think it's a reasonable clause. But if it means that they will not accept returns due to an initial defect in the product, then they should not be allowed to make or enforce such a clause.
I'm not a lawyer but I believe there are laws about merchantable quality. It means that a product must be good enough for the purpose for which it was sold. In other words, there's an automatic guarantee.
What is eBay's stand on this? To sum up, does eBay guarantee cover an item that is as described but is defective when it's received by the buyer?
