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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75915
Experience:  Qualified Solicitor
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Buyer returning damaged pc, Uk, Returning the item and

Customer Question

Buyer returning damaged pc
JA: Where is the buyer? It matters because laws vary by location.
Customer: Uk
JA: What steps has the buyer taken so far?
Customer: Returning the item and asking for a full refund on eBay
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: On 7/11/21 I have sold a full working pc on eBay for £1200. On 18/11/21 (after 1 week from the delivery) the buyer contacted me and asked for a return on eBay assuming the pc arrived damaged. On the pictures he provided the case is full intact (1 side is glass), the package as well is intact with no signs of damage. On the first picture he sent you can see the GPU disconnected inside the case. The buyer assumed that the GPU, the motherboard and the AIO are damaged. The buyer opened the case, touched all the internal components (proof of video, pictures and messages), sent me a video where he says that the computer is completely damaged. (With immaculate case and package) eBay already informed multiple times but apparently I have to refund the seller and having back a damaged pc where the buyer put his hands inside, removed the GPU (to test a different one as he declared) and probably replaced all the components with different ones. (The buyer sells computer parts on eBay) How can I accept an item in these conditions? How can be possible that a pc with immaculate glass case and package has all the internal parts damaged? Why did he open the case and removed the GPU? How can I proof he left the original parts? I am waiting to have the item back, but I don't have any intention to refund him. The delivery company will not send any refund as no evidence of damaged package/case. I have updated all the evidences on ebay, but apparently I have to accept the return and refund the buyer
Submitted: 6 days ago.
Category: Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 6 days ago.

What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 6 days ago.
Do I have to refund a buyer even he opened the PC's case and touched/removed internal parts of it?
Customer: replied 6 days ago.
The pc was delivered in mint condition
Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Can I check if you are a business seller, rather than a private one?

Customer: replied 6 days ago.

Private

Expert:  Ben Jones replied 6 days ago.

Thank you very much for clarifying. When a person buys goods from a private seller, their legal rights will be rather limited and will certainly not be as extensive as if they were bought from a business seller. The legal principle of ‘caveat emptor’ (also known as ‘buyer beware’) applies, where the buyer needs to satisfy themselves that they are happy with the description and condition of the goods before they purchase them. There is no legal right to expect that the goods are of satisfactory quality or fit for purpose.

In general, private sales would only provide the buyer with rights in the event of a false description. Therefore, if the goods did not match the description given, whether in the advert or any subsequent discussions with the seller, it will amount to a breach of contract or misrepresentation. However, the seller does not have to reveal any issues with the goods, even if they knew about them. They simply should not make statements that will make the description false.

What ebay have decided has no legal standing – that us just their own dispute resolution system, but if payment was made via PayPal for example , they can refund the buyer automatically and take the money from your account – that is something that is agreed when you use PayPal ‘s services.

If it was not a PayPal payment, you can decide not to refund the buyer and it will be down to them to make a claim against you for the refund and prove that it was indeed received damaged.

Expert:  Ben Jones replied 6 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 6 days ago.

The payment hasn't been made vith PayPal but how can be possible for me to accept this return having the evidences that the buyer opened the case and removed/touched all the internal components?

If I received a defective car, I don't open the engine and start to touch everything inside.

Expert:  Ben Jones replied 6 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 6 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.