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Thu Jan 31 2019 13:01:19

Are Warranties Invalid on eBay Purchases?

By: Reader

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Dear Ina,
Valid reason not to purchase anything from eBay. I am an 84-year-old widowed Navy vet living on Social Security. I purchased a Cuisinart new compact bread maker from an eBay merchant. I selected Cuisinart because they offered a three-year warranty.

The merchant stated that the box was somewhat damaged but the appliance was new and undamaged. 

The first clue that the merchant was less than trustworthy was that they notified me that the item had shipped by Priority Mail. The item took 10 days to arrive and had shipped by Media mail, a clear violation of USPS rules. 

60 days after purchase, the mixing paddle in the bread pan locked up, and if I continued to use it would have destroyed the motor. I supplied my PayPal invoice to Cuisinart as proof of purchase and asked for a new bread pan under the warranty. My claim was denied stating that warranty is void when the item is purchased from eBay.

So, I'm stuck with a useless bread machine. Don't purchase from eBay. 

In addition I had oral cancer so I can't communicate by phone. eBay has no way for you to communicate by email to file a complaint.
Richard

Comments (16) | Leave Comment | Permalink
Readers Comments

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by: Michael in BC This user has validated their user name.

Thu Jan 31 13:38:44 2019

It's likely that your eBay merchant is not a licensed distributor for Cuisinart.  "Damaged box" items are often "returns" which are job-lotted off to wholesale or "factory clearance" outlets, which is probably where your merchant acquired it.

I can't fault Cuisinart here ...... their warranty is to cover items which are purchased new through authorized outlets.  Cuisinart obviously has no idea who's owned it, or how many times it's changed hands prior to it's turning up on eBay........so the warranty normally applied is not transferable.

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by: jacobsenra This user has validated their user name.

Thu Jan 31 14:53:39 2019

It is illegal for manufacturers (like Cuisinart) to decline the warranty.  I suggest you read the Magnason-Moss Warranty act and contact the Federal Trade Commission.

Also you should report the seller to The Us>s Post office for misuse of Media Mail shipping.

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by: pace306 This user has validated their user name.

Thu Jan 31 14:55:40 2019

Except Michael - that its not exactly legal - but companies do it (that behavior) anyway.

The warranty is on the item - not on the venue its sold on (US common law).

Except "who/how much money" are you willing to spend to exercise that right ... ie fight them in court.

Alot of makers use this tool to discourage people ... "if you buy this item on Amazon or eBay theres no warranty" OR "we dont recognize this seller as a registered sales agent - therefore theres no warranty". And it works. It scares people because they then feel that their money/item is worthless.

Again - US law says - that the company is responsible regardless of who sells it - to fulfill the warranty promised.

There are 2 ways that companies deal with this. 1) the Cuisinart/Nikon etc way ... which is "bite me - you bought it where you shouldnt have so too bad" or 2) the Canon and others way "even though you bought our item at an unauthorized dealer - we will still help you because we want you as a customer"

#1 is more prevalent then #2 - especially in the age of Amazon.

It also rears its ugly head when grey market items are involved - but thats a different discussion for a different time.

I feel for the OP and hes in the right - but the $100 item is less in cost then the time/effort/money to take them to small claims court to fight.

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by: Michael in BC This user has validated their user name.

Thu Jan 31 16:32:52 2019

Thanks, Pace ............. I learn a great deal on this forum !

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by: hopeforthebest This user has validated their user name.

Thu Jan 31 21:44:01 2019

You may be right, but it's hopeless to fight Cuisinart on this.

You can probably buy the part online for a few bucks if you want, but it's probably a well known defect and will just happen again.

Start off by notifying the seller. See if they'll take it back or replace it.

If not open a SNAD. Say it doesn't work as advertised. If they won't settle, get an automatic return that WILL go back Priority Mail, because of the weight.

This will cost the seller more than it's worth, I assure you. You'll probably get your money back and keep the item as well.

Buyers never really lose these cases, and you can open a SNAD for 180 days at least, so warranty or not you're safe enough, and warranty or not you're covered by the seller if not Cuisinart.


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This user has validated their user name. by: Rexford

Fri Feb 1 06:08:59 2019

Find a great rabid consumer reporter (or several) and get your story on the news.  These companies hate bad publicity.  Enough news exposure and Cuisinart will be embarrassed into taking care of the matter.

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This user has validated their user name. by: The End

Fri Feb 1 10:57:26 2019

Only a warrantee backed by the maker who is also the seller can be honored.

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This user has validated their user name. by: NoMoreEbay

Fri Feb 1 14:35:28 2019

The warranty should be for the device not the purchase location. If the serial number says it's less than 3 years old it should be covered.  

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by: Opalie This user has validated their user name.

Fri Feb 1 16:49:04 2019

Richard if it is is still under 180 days since you received the bread maker, file a SNAD with PayPal.

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by: sasikat9 This user has validated their user name.

Sat Feb 2 19:57:54 2019

Richard open a case with paypal. Your warranty is good there. It might take a while but you will either get it fixed or a new one, To be sure thou you will have to send the item back to the seller on your dime.

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by: frustrated This user has validated their user name.

Mon Feb 4 05:50:36 2019

Warranties have NEVER been honored on items purchased from ebay. Since many years ago, when I started in 2002.

You must (as a seller) provide a valid receipt from an authorized distributor or retailer.

I don't feel it withstands a legal challenge. But they have always done it, and no one will challenge it, it just costs too much money.

And YES this is a common problem with this brand. Their warranty language is very vague, it doesn't say you cannot buy on ebay.  

Contact your attorney general in your state, you may get help.

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by: Chicago48 This user has validated their user name.

Mon Feb 4 07:30:55 2019

"for you to communicate by email to file a complaint."
Yes you can communicate by email.  I believe in the CONTACT us there is an email link.

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by: Chicago48 This user has validated their user name.

Mon Feb 4 07:31:49 2019

"Warranties have NEVER been honored on items purchased from ebay. Since many years ago, when I started in 2002. "
In the description box, there is a drop down for "warranty" yes/no and the seller should have stated in descriptions NO WARRANTY.

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by: elcheapoposters This user has validated their user name.
Web Site

Mon Feb 4 09:58:20 2019

To prevent the onslaught of people who do walmart arbitrage, refurbs, amazon to ebay sales, etc... manufacturers have modified most warranties to ONLY apply to items purchased directly from an authorized retailer. This protects the brand and is totally legal.

In this case, the customer can certainly claim 'not as described' and force a chargeback, and the implied warranty was not valid.

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by: elcheapoposters This user has validated their user name.
Web Site

Mon Feb 4 10:09:06 2019

There's such a thing as the MSRP ( manufacturer suggested retail price ) and the MAP ( minimum advertised price ).

All authorized retailers agree to a abide by these rules. It keeps up profit, protects the images of the retailer and brand, provides things like warranties, good faith, etc.

When an arbitrager, or refurbisher, or 'off the back of a truck' guy enters the market it erodes the market for those sellers who have worked hard to maintain their relationship with the manufacturers.

In regards to the warranty - oh, well.... live and learn. but, yes, issue a chargeback as the item was misrepresented. It's an easy win and you have 6 months.

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by: fusgeyer This user has validated their user name.
Web Site

Mon Feb 4 11:48:30 2019

Go through PayPal. They may refund your money as the item was shipped incorrectly and was defective. You will not have to speak to anyone to file a claim, it is done via emails.

You can also try to go through your State Attorney General's office, consumer complaint division. They are required by law to follow up on all complaints that are filed. Again, most states have an online form you can fill out.



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