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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78614
Experience:  Qualified Solicitor
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I bought motorcycle luggage from a well known international

Customer Question

I bought motorcycle luggage from a well known international company via an eBay seller(new). The luggage straps failed resulting in one of the bags jamming in my rear wheel on a motorway, eventually causing my rear tyre to blow and me been thrown over the handlebars, causing back injuries and concussion as well as damage to my bike. Around a week later, I received a product recall via the eBay seller, about this luggage from the manufacturer, saying to stop using this equipment immediately. I have responded by email to both seller and manufacturer but no response as yet
JA: Where are you located? And is a local lawyer or other consumer protection advocate helping with this?
Customer: Near Glasgow. I’ve not sought any legal advice
JA: Have you contacted the seller or manufacturer?
Customer: Yes. Responded to both by email. No response yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not anything I can think of at present
Submitted: 7 days ago.
Category: Law
Expert:  Ben Jones replied 7 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 7 days ago.

I see you have already mentioned that you want to know about a purchase you made. Is there anything more specific that you would like to know about it? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 7 days ago.
It’s obvious to me that, after experiencing the failure of the luggage, and fitting it to my bike as per manufacturers instructions, and with the product recall saying to stop using these immediately that there is an inherent design flaw in these bags and fitting system
Expert:  Ben Jones replied 7 days ago.

Thank you. Have you started a claim with ebay over this, or are you out of time to do so?

Expert:  Ben Jones replied 7 days ago.

Without the requested information, I can only provide you with some general information on this topic. Hopefully, it will still be useful to you. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Initially, you should try and raise a case with ebay over this as they may potentially be able to resolve this on your behalf and get you your money back.

If that is not possible, you still have consumer rights against the seller directly. When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

Expert:  Ben Jones replied 7 days ago.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Expert:  Ben Jones replied 7 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.