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Bought something unsafe from a marketplace seller? Your rights on Amazon, eBay, TikTok Shop and Temu

Which? found 40 worrying products from third-party sellers in a few hours, from baby sleeping bags to heaters. Here's who owes you a refund, and how marketplace guarantees, chargeback and section 75 fit in.

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Close-up of a glowing electric heater element behind a wire guard
Photo: Achudh Krishna on Unsplash

What's happened

Which? says it found 40 worrying products from third-party sellers on online marketplaces in just a few hours. They included scam "energy-saving" plugs flagged in official safety alerts, baby pillows and baby sleeping bags that risk asphyxiation, plug-in heaters that risk electric shock and fire, reciprocating saws that appear identical to ones in safety alerts, and a smoke alarm that repeatedly failed its tests. The week before, it found 171 baby swim floats across six marketplaces. Sites named include Amazon, eBay, TikTok Shop, AliExpress and OnBuy.

The marketplaces told Which? they had removed listings and that safety is a priority. Which? says it has heard that at least 90 times since 2019, and it's calling for a clear legal duty on marketplaces backed by heavy fines. The Product Regulation and Metrology Act 2025 gives the government powers to do that, but the marketplace duties aren't in force yet.

What the rules say

  • Your contract is usually with the seller, not the site. eBay's user agreement says "eBay is not a party to the transaction". On other sites too, it's usually the third-party seller, not the marketplace, that owes you your legal rights.
  • Goods from a business must be safe. Under section 9 of the Consumer Rights Act 2015, goods must be of satisfactory quality, and safety is one of the things that counts. They must also be fit for purpose and as described.
  • 30 days to reject. Section 22 gives you 30 days from delivery to reject faulty goods for a full refund. After that you can ask for a repair or replacement, and then a refund or price reduction if that fails. You can usually bring a claim for up to six years (five in Scotland).
  • Private sellers are different. Citizens Advice says it's "buyer beware": an individual must describe an item accurately but doesn't have to point out faults.
  • Safety law. Great Britain still uses the General Product Safety Regulations 2005. Northern Ireland follows the EU's General Product Safety Regulation, which since 13 December 2024 has placed some duties on online marketplaces.

Marketplaces also run their own schemes. eBay's Money Back Guarantee covers items that are faulty or don't match the listing for 30 days from delivery, if you paid through eBay's checkout. TikTok Shop lets you raise a return or refund request through the app for 30 days from delivery, and sellers can't charge you return postage on faulty items. Amazon's and Temu's terms wouldn't load when we checked on 22 October 2026, so check them yourself.

What it means in pounds: a worked example

This is an illustration, not a real case. Leah pays £64 by debit card for a plug-in heater from a third-party seller on eBay. It arrives on 2 November. A week later she finds a GOV.UK safety alert for a heater that looks identical.

  • Consumer Rights Act: a heater that risks electric shock isn't of satisfactory quality, and she's within 30 days, so she can reject it and ask the seller for the full £64 back.
  • eBay Money Back Guarantee: she asks the seller for a return. If the seller hasn't sorted it out within three business days, she can ask eBay to step in. She has until 2 December, 30 days from delivery.
  • Section 75: no help here. The heater cost under £100, and Citizens Advice says section 75 usually doesn't apply to marketplace purchases such as eBay.
  • Chargeback: if both fail, she can ask her bank to try a chargeback.

What to do now

  1. Stop using anything you're worried about and check it against the Product Safety Alerts, Reports and Recalls list on GOV.UK.
  2. Contact the seller in writing. Say the item is unsafe and not of satisfactory quality under the Consumer Rights Act 2015, and ask for a refund.
  3. Use the marketplace's scheme before its deadline. For eBay and TikTok Shop, that's 30 days from delivery for most claims.
  4. Go to your card provider if you need to. Ask about a chargeback, or a section 75 claim if you paid more than £100 on a credit card directly to the seller. If you paid with PayPal, Citizens Advice says you have 180 days to open a dispute.
  5. Report the product. In England and Wales, call the Citizens Advice consumer helpline on 0808 223 1133. In Scotland, contact Advice Direct Scotland. In Northern Ireland, contact your local district council.

Your questions answered

Is the marketplace responsible if the seller won't refund me?

Not under the Consumer Rights Act, because your contract is with the seller. But the marketplace's own guarantee may refund you, so use it within its time limit. The government has said it intends to make marketplaces stop unsafe products being offered to shoppers, but no date has been set.

The item has been recalled. Will I get my money back?

A recall notice tells you what's on offer, which may be a refund, repair or replacement. Within 30 days of delivery, you can also reject it under the Consumer Rights Act.

I bought it months ago. Is it too late?

Not necessarily. After 30 days you can still ask for a repair, replacement or partial refund. If the fault shows up within six months of delivery, section 19 of the Act says it's assumed to have been there from the start unless the seller can prove otherwise.

Sources: Which?: it's time to finally stop unsafe products being sold online, GOV.UK: tough new laws to make online marketplaces safer, Product Regulation and Metrology Act 2025, Consumer Rights Act 2015, section 9, Consumer Rights Act 2015, section 19, section 22, GOV.UK: EU General Product Safety Regulation in Northern Ireland, GOV.UK: product recalls and alerts, GOV.UK: reporting product safety issues, eBay Money Back Guarantee, eBay user agreement, TikTok Shop UK returns and refunds policy, Citizens Advice: paying by card or PayPal, Citizens Advice consumer helpline

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