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Item doesn't fit even though the seller said it would / now he's changing his mind, purchase was over 90 days ago
Summary: 67caycumali67 reports a problem with an eBay purchase of an engine guard that the seller wrongly confirmed as compatible with a 2026 Triumph Tiger. Despite the eBay return window having expired, 67caycumali67 asks for advice on whether they can take action over the seller's false assurance. perfect-sally replies that it will be difficult to involve eBay since buyer protection has expired, and recommends seeking legal advice to enforce consumer rights.
Hello everyone,
I’d like your assessment on an eBay purchase.
In May, I bought an engine guard for my Triumph Tiger. Before buying it, I explicitly asked the seller whether the guard offered would fit my Triumph Tiger from 2026. The seller clearly confirmed that it would fit. Based on that statement, I then ordered the item. Without that confirmation, I wouldn’t have bought it.
However, the motorcycle is in Turkey, which is why I only now had the chance to install the guard. It turned out that it doesn’t fit.
I then contacted the seller about it. Now he suddenly writes, roughly speaking, that the guard doesn’t fit my model anyway. Of course, that irritates me, because I asked exactly that question before buying and the compatibility was expressly confirmed to me. I can prove the relevant message exchange on eBay.
I’m aware that more than three months have now passed since the purchase and the normal eBay return period has expired. But I’m not talking about a normal cancellation or about simply not liking the item anymore. The item was bought based on a specific statement from the seller, which later turned out to be wrong.
So my questions:
Has anyone had experience with a case like this? Despite the expired eBay return period, can you rely on the fact that the seller expressly guaranteed compatibility before the purchase and that the item in fact does not have the agreed property? And in this case, would you first contact the seller again or go straight to eBay customer service?
Thanks a lot for your input.
perfect-sally
Mentor2 weeks agoHas anyone had experience with a case like this? Despite the expired eBay return period, can you rely on the fact that the seller expressly guaranteed compatibility before the purchase and that the item actually does not have this agreed-upon feature?
Sure, you can rely on that, but you have to sort it out with the seller!
And in this case would you first contact the seller again or go straight to eBay customer service
You don’t really need to contact customer service at all, because buyer protection expired long ago and eBay can’t do anything for you. You have to try to enforce your consumer rights outside of eBay if consumer law applies in this case. A lawyer can probably give you advice on that.
67caycumali67
OP2 weeks agoSo I can't involve eBay and they help me further?
I had already written to the seller; a return is not an option for him.
perfect-sally
Mentor2 weeks ago · EditedBuyer protection kicks in 30 days after delivery and then eBay is out of the picture. The seller surely also has a return period, but that has probably long since expired too.
Of course you could try to get somewhere through legal channels, but only a lawyer can say whether that has any chance of success.
The only thing eBay might be able to do for you is contact the buyer, but that’s it. If he responds dismissively to that too, there’s nothing eBay can do to take any action.