Thread: Mobile phone dispute with Ebay seller

In January 2009 I purchased a reconditioned mobile phone on Ebay from an Ebay shop seller. The item carried a warranty and was bought as "buy now" ie not an auction.
This was faulty so the vendor sent me a new battery. This did not resolve the issue so I sent the items back.
In due course I received a replacement which was also faulty, power button not working. I contacted them and sent the item back RM special delivery, asking for a refund.

They have now said that this phone was water damaged, therefore my fault and not covered under warranty. I have disputed this and they are arranging for an independent engineers report.
The question I have is with whom the burden of proof lies. What is to stop them simply placing a mobile phone in a bucket of water and then submitting it for testing?
Have I any protection under "The Reverse Burden of Proof"2003 addition to the Sale of Goods Act?

Thanks for looking.

It comes under section 48A (3) of the Sales of Goods act 1979 (as amended) which states:

(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

(4) Subsection (3) above does not apply if—

(a) it is established that the goods did so conform at that date;

Source: Sale of Goods Act 1979 as amended up to date to 1/10/2003

It if for them to prove that the phone was not inherently faulty and if they do try to pull a fast one remind them of this and reply that if water damage is effecting the mobile it must have happened before the phone was in your care, which is the retailers responsibility.

You should also remind them that you are claiming on behalf of the SOGA and not the provided warranty.

Thanks for the reply, I'll particularly take on board your advice in the last sentence. I've a feeling that this may go to a Small Claims Court.