Not seeking free legal advice as such.. Well, Ok I am, but almost a one word answer would do just to confirm if I am correct or not...
My wife recently purchased a light rotavator/scarifier from a business seller on eBay.co.uk - nice unit, and it arrived in a timely fashion. However, when switched on the tines of the rotavator turn very nicely until they come into contact with the ground (the ground in this case being soft soil mixed with sand which we just wanted to lightly turn over) when they promptly stop turning. This makes the unit useless for what it is described as - handy dandy as an item from putting the wind up the cat, but bugger all good for anything else. We contacted the seller who readily agreed to refund the purchase price, but would not agree to refund the carriage costs in either direction, claiming that if we bought it from a shop they would not refund us the petrol or parking costs to take it back (Huh?) - after much argy bargy we took the case to ebay who have got the seller to agree to refund the outward carriage, but only if we send it back at our cost Grrrrr ebay are a bunch of useless tw*ts and are prevaricating over this. So here is my question - Am I correct that according to the sale of goods act, the item must be of merchantable quality (it is) and be fit for the purpose described (it certainly isn't) and if not then we are entitled to a full refund including postage etc as we are not liable to be out of pocket in any way for a faulty product> Yea or nay? Thanks for any input anyone can give me Steve g _______________________________________________ the Leeds List is an unmoderated mailing list and the list administrators accept no liability for the personal views and opinions of contributors. Leedslist mailing list [email protected] http://list.zetnet.co.uk/mailman/listinfo/leedslist and the hardest time in a sailor's day is to watch the sun as it sails away
