Firstly, let me say this is ebay related and partly due to my greed in trying to negotiate a low price for a set of "new" forks with a Best Offer and non-paypal payment, lesson learnt... I cant even leave negative feedback (assuming it is deserved).
The seller appears to be a private individual (no "ltd", no ebay shop etc) so on the face of it I have no recourse when the new forks I bought failed on first use. They were sold as "new" and were in the box, not fitted or cut, but there was no original receipt, shock pump or manual. Apparently they came from a friend in Eastern Europe.
But, this seller has sold 100s of bike parts on ebay, mainly new. Can I try to claim he is therefore a Trader and so the forks should have been "fit for purpose" and of merchantable quality etc. Otherwise, as there was no misrepresentation in the descriptions, I'm shafted I think, and need to hope Fishers will do me a warranty favour.
cheers