r1_pete
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| posted on 3/3/09 at 06:25 PM |
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eBay seller 'woes'
After a bit of advice.
Bought a bumper off eBay, its brand new, but arrived with the corner broken off.
The seller has taped a notice on the packaging, do not sign for untill opened and examined, refunds or exchanges will not be honoured if goods signed
for - No Exceptions.
Is it reasonable to expect someone (my wife had to get out of the shower to answer door) to have the delivery man wait while the item is checked? it
would probably have looked ok to her, and it took me 10 minutes to unwrap.
From a legal veiwpoint can this stand up, it was a £200 item.
Rgds.
Pete.
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Paul TigerB6
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| posted on 3/3/09 at 06:27 PM |
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I'd say you have legal rights whatever the guy might like to put on it - he should take it up with the courier company but YOUR contract is with
him. Statutary rights will apply i'm sure
You paid through Paypal / credit card??
[Edited on 3/3/09 by Paul TigerB6]
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matt_gsxr
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| posted on 3/3/09 at 06:29 PM |
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how did you pay (paypal are well above the law!)
do you think it was broken when he packaged it?
Matt
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omega0684
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| posted on 3/3/09 at 06:31 PM |
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you have the right to return anything you have bought if it is not fit for purpose, obviously with it being damaged its not fit for purpose, if you
have paid by paypal raise a dispute and return the item
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r1_pete
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| posted on 3/3/09 at 06:33 PM |
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The broken off bits were not in the packaging so suspect it was broken when packed.
I've dropped him a mail, but with the 'disclaimer' expacting a bit of a fight.
Image deleted by owner
[Edited on 3/3/09 by r1_pete]
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Paul TigerB6
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| posted on 3/3/09 at 06:36 PM |
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quote:
Originally posted by r1_pete
The broken off bits were not in the packaging so suspect it was broken when packed.
I've dropped him a mail, but with the 'disclaimer' expacting a bit of a fight.
Make sure to mention that in the inevitable dispute when you raise it with ebay / paypal - clearly goods not fit for purpose" rather than
"damaged in transit"
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BenB
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| posted on 3/3/09 at 06:37 PM |
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To be honest I don't think it matters one jot.
If they didn't describe it as such in the advert you can send it back and ask for a refund....
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DarrenW
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| posted on 3/3/09 at 06:44 PM |
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Can they prove the notice was on package when you got it?
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smart51
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| posted on 3/3/09 at 06:50 PM |
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quote:
Originally posted by DarrenW
Can they prove the notice was on package when you got it?
Now seriously. Are they a company? Yes? I'd have thought they are bound by distance selling rules. Also, if the bits weren't in the
packing, it was damaged before shipping.
eBay / Paypal generally find in favour of the buyer regardless of the facts.
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SteveWalker
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| posted on 3/3/09 at 06:59 PM |
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I was always advised that when signing for goods, I should write on that the goods have not been examined (it obviously being impractical to keep the
delivery driver there for long enough to properly unpack and check things).
I'm not sure how you'd do that now with these signing on a screen things, as it's too hard to write anything small enough.
You should be covered by the distance selling regulations, but if not I'm pretty sure that a court (small claims) would agree that expecting
someone to examine goods before the driver leaves would come under the legislation on unfair contract terms.
SteveW
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speedyxjs
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| posted on 3/3/09 at 07:00 PM |
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If you paid through paypal, i would just open a dispute and email the seller why you have done it. I had a similar problem a few months back and was
only offered a 50% refund. I opened the dispute and sent an email saying that as the sale had been completed less than 28 days ago, i was entitled to
a FULL refund.
Had an email about an hour later from paypal to say that the total sum had been payed into my account and never heard from the seller again 
How long can i resist the temptation to drop a V8 in?
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designer
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| posted on 3/3/09 at 07:28 PM |
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The seller is obviously an Ebay con-man. Send it back by telling him that it is awaiting colection at your house.
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MikeR
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| posted on 3/3/09 at 07:56 PM |
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Are the broken bits in the packaging ..... if not then you've got even more of a case to say you're being conned.
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johnston
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| posted on 3/3/09 at 07:58 PM |
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Some couriers won't take a parcel back once its been opened DHL for 1
basically your only signing that the exterior of the package is in good condition..
If the box is in 1 piece no signs of damage they will say it was insufficiently padded take it up with sender..
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ReMan
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| posted on 3/3/09 at 08:32 PM |
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What's his feedback like. Certainly looks like a deliberate and calculated con selling damaged goods that 9/10 or even 1/2 won't dispute
it and or get the courier to cough up.
I might add that hanging is probably too good for the lowlife scum. It was'nt somebody on here was it?
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Jon Ison
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| posted on 3/3/09 at 08:42 PM |
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We sell on eBay shipping 20 parcels a day.
We use parcel force, they wont wait whilst you examine a parcel.
You are also covered by "distance selling" regulations which allow you to reject a item I think up to 7 days.
As a seller you are always had over by paypal, my advice would be open a dispute via paypal you will win, the buyer always wins whatever the
circumstances.
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hobbsy
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| posted on 3/3/09 at 09:04 PM |
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I wouldn't agree with the "buyer always wins" sentiment. Buyer _often_ wins perhaps.
I've lost as a buyer (when I was in the right) and also successfully defended a sale as a seller (of course I was right in this case too).
In any case it certainly sounds like this mofo is taking the mickey.
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JamJah
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| posted on 3/3/09 at 11:20 PM |
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Ermm guys you are all possibly missing something here...
The Distance Selling Act does not cover auctions either online or proxy.
To summarise a whole chunk of paper, you are only covered by the act if it is a professional and fixed value. It doesnt include transaction or
handlinf fees and your rights only last for 7 days.
This is personal advise or personal opinion.
Constructive comments gratefully recieved, picking is left for noses.
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Paul TigerB6
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| posted on 3/3/09 at 11:35 PM |
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quote:
Originally posted by JamJah
Ermm guys you are all possibly missing something here...
The Distance Selling Act does not cover auctions either online or proxy.
It does however cover items bought from a trader on a Buy It Now basis - which i guess this may be. Still - item was damaged and so not as described
so Ebay rules should mean a full refund.
Have you looked at the following Pete? Distance selling and / or Sale of Goods Act 1979 are both covered here
linky
[Edited on 3/3/09 by Paul TigerB6]
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