Anyone know anything about the current Sale of Goods Acts?

I bought a fairly expensive load area liner via eBay in May 2015 which started falling apart within a year, unfortunately I waited until now to complain, the seller has said

No warranty is given or intended on this item due to the nature of its purpose. Its meant for dogs to sit on , to load items on into your boot. It will take punishment thats why its there. We offer a 30 days returns policy , its been 2 years. I'm only offering a partial refund as a goodwill gesture ,if thast isnt satisfactory please feel free to contact who you need to.


Can they really dismiss their obligations under the Sale of Goods Acts so easily?

Sorry OP but I think the seller is being reasonable.

That's not what I asked, I want to know if someone can legally sell something without any warranty.

Forgive me for not answering the exact request you had, but this is a forum and in case you haven't got it, responses are by the nature fluid. Also people don't always give you the answer you want.

Then again, I don't buy anything off ebay, because I simply don't trust what is sold on it.

Difficult one , if I were the seller of a boot liner, I would say that it had served its purpose exactly as it has, and the failure was down to ordinary wear and tear. If you disagree under the now defunct Sale of Goods Act you have 6 years from the date of purchase to take him to court in the UK, (Less is Scotland ) . After 6 months of ownership the onus is on you to prove the defect, not him to disprove it . Basically you are stuffed,

You can of course threaten him with every paragraph you can find on the internet regarding what you think your consumer rights are, but in real life he knows that you will not take him to court over something that is worth say a hundred quid to a hundred and fifty quid. Take his offer and put it towards a custom made Rhino liner  2009 GS Auto Zermatt Silver - Sold June 21 after 10 years of ownership

2016 Subaru Outback SE 2.0 diesel SE Premium Lineartronic Sold 2024 after 8 years and 80k miles . Best Car I ever owned !

2023 Toyota Hilux invincible X 2.8 Auto .

Still Lost in France wrote:

That's not what I asked, I want to know if someone can legally sell something without any warranty.

This is my cup of tea so to speak and in my qualified opinion, you do not have a strong case here (at face value). He is not dismissing his obligations under SOGA, he is saying he offers no warranty. A warranty is up to the manufacturer/seller and is completely separate to your rights under SOGA.

You purchased in May 2015 so you would come under SOGA as opposed to the Consumer Rights Act 2015 which came into force on 01/10/15 and replaced SOGA and other legislation. The essence is the same though and we can say that it is fit for the purpose of being a boot liner.

The argument ultimately boils down to durability under S.14 of the Act. Now, if it had hardly been used and at that for light usage such as shopping, you might have a case if it started falling apart. However, I presume it has had heavier use than that because they are generally purchased to save the boot from getting battered. On top of that, you are only just reporting it to him so he would be entitled to respond in any litigation by saying it can't be that unsatisfactory if you have waited around a year before raising it!

His offer is very reasonable and I think shows that he cares because many would just tell you to go away or words to that effect. Take the money and bail out  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Even if it was offered with a years warranty, its two years ago When you bought it, what makes you think they should honour anything, you can't prove it's not been used for a year or how you used it to fall apart

Again think the response gives more than I would have offered Former Mod/Member, with the most post & Chicken George Arch nemesis

I don't expect anything, I just wanted to know if a seller could just dismiss any legal obligation.

In another reply it was clear they don't know their responsibilities when they said 'When i get returns i return them to my supplier who refunds me then i refund the buyer'.

You didn't expect anything yet you contacted him regards a warranty claim  Former Mod/Member, with the most post & Chicken George Arch nemesis

If you don't ask, you don't get.

Compared to others on the market, it was expensive and as it had a green oval LR badge on it, I did expect better quality.

Dreamer

Dreamer wrote:

Then again, I don't buy anything off ebay, because I simply don't trust what is sold on it.

Still Lost in France wrote:

If you don't ask, you don't get.

Compared to others on the market, it was expensive and as it had a green oval LR badge on it, I did expect better quality.

genuine brand new parts maybe, but not sure about accessories.

I would say take the sellers offer and walk away, its the best your going to get.

anything can be sold without warranty, as long as its stated so, even a car. But for certain items (such as cars) there are various acts to protect buyers outside of warranty subject to meeting set criteria. (don't ask me what criteria though)

OP - I am guessing that you are aware of the EU 2 year SOG warranty directive:
http://ec.europa.eu/consumers/consumer_rig...dex_en.htm

This has been only partially adopted by UK therefore many grey areas.

IMHO the seller has made a fair offer, if you wish in future to buy with full EU regs then safer for you to buy within France (or other EU country if you do homework)