Bit of advice chaps, this never happened to me before.
I bought a sump of ebay and it arrived today with chemical metal on one side of it. obviously to seal a leak. The seller never mentioned it and did
not include a photo of it.
So i raised a case with ebay to get the process started for a resolution and also to act immediately incase seller says i put it on, on arrival.
Seller has contacted me to say he did not intentionally ignore mentioning the seal as he thought it was part of the sump. And said to post the sump
back and if everything is ok he will refund me.
My problem here is, postage was £15 and will require another £15 to send back, Have I just lost 30 quid through no fault of mine? Also, if I return
the sump would I get my money back?
say to the seller as it isn't as described that he not only should he refund your money but he should also pay for the postage for it to be
returned if he wants it back. Alternatively he can send his own courier to pick it up at his expense.
If he doesn't do either of these then open a dispute with ebay. They will find in your favour and refund all your money whether you have sent the
sump back or not.
If it is a private seller's auction, I don't think there is any legal obligation to refund the return postage. They can only get a negative
feedback.
If it was a business seller or buy it now then the seller is legally obligated to pay the return postage, although not many sellers are aware of this.
This is as per the distance selling regulations.
You are entitled to get all your money back inc postages. Sounds like a mistake. Another approach, I assume it is alloy, get it TIG welded and negotiate a refund to compensate for the welding cost.
quote:
Originally posted by Sloan85
If it is a private seller's auction, I don't think there is any legal obligation to refund the return postage. They can only get a negative feedback.
If it was a business seller or buy it now then the seller is legally obligated to pay the return postage, although not many sellers are aware of this. This is as per the distance selling regulations.
quote:
Originally posted by theprisioner
You are entitled to get all your money back inc postages. Sounds like a mistake. Another approach, I assume it is alloy, get it TIG welded and negotiate a refund to compensate for the welding cost.
quote:
Originally posted by mookaloid
quote:
Originally posted by Sloan85
If it is a private seller's auction, I don't think there is any legal obligation to refund the return postage. They can only get a negative feedback.
If it was a business seller or buy it now then the seller is legally obligated to pay the return postage, although not many sellers are aware of this. This is as per the distance selling regulations.
This is news to me. I was under the impression that the distance selling regs applied to anyone not just businesses. In any case it would seem morally right that the buyer should not be out of pocket because a seller mis-describes something.
quote:
Originally posted by jps
quote:
Originally posted by mookaloid
quote:
Originally posted by Sloan85
If it is a private seller's auction, I don't think there is any legal obligation to refund the return postage. They can only get a negative feedback.
If it was a business seller or buy it now then the seller is legally obligated to pay the return postage, although not many sellers are aware of this. This is as per the distance selling regulations.
This is news to me. I was under the impression that the distance selling regs applied to anyone not just businesses. In any case it would seem morally right that the buyer should not be out of pocket because a seller mis-describes something.
interesting! I bought some belts on ebay a while ago. they were described as 'very good condition' and the seller told me they bought them recently. when I got them they were over 11 years old ( from the fia markings), and rusty on the metal work. I got a full refund but returned then at my own expense so lost out on about 15quid in return postage. sounds like i should have been more demanding!
Try and fight not paying out.
Put him onto one of the couriurs here, for example, he can use parcel monkey to get the package collected from your house.
I have experienced that Ebay are generally on the side of the buyer. They want people buying through them not selling. If the trust is lost from the
buyer the site is going to shut down.
I brought last summer some ramps to get my car onto my home build trailer.Rated to 1500lbs so should be fine. I opened the box and they said rated to
1000lbs, clearly in black and white. Th seller said he was a distributer, never had complaints, never opened a box.
To save the trouble (these were the only ramps rated this high) I asked for 50% refund which covered the cost for me to buy metal and reinforce.
He still shifted ramps and maybe made a profit, I gave him positive feedback as was very happy with the service.
Negotiate and talk, dont turn the situation sour straight away or you will end up with a fight on your hands.
As alll have said ebay is now 110% with the buyer, which is very good news for you with a genuine issue (and equally good news for thieves and
scammers)
Open a case with ebay for goods not as described. Make sure you comply with the timescales for opening, escalating etc the case - some sellers play
games to try and distract you. Ebay refund your payment inc postage and will you will probably not be expected to send the item back.
quote:
Originally posted by mookaloid
quote:
Originally posted by Sloan85
If it is a private seller's auction, I don't think there is any legal obligation to refund the return postage. They can only get a negative feedback.
If it was a business seller or buy it now then the seller is legally obligated to pay the return postage, although not many sellers are aware of this. This is as per the distance selling regulations.
This is news to me. I was under the impression that the distance selling regs applied to anyone not just businesses. In any case it would seem morally right that the buyer should not be out of pocket because a seller mis-describes something.
I was in this position recently as the seller. And I was a bad bad man because the buyer chose not to take all the cautions in my listing as to
reading the description and looking at the detailed pictures.
This was a £30 item with £12 postage.
The buyer never contacted me to complain and just opened a case under "Not as described, I'LL return for full refund".
Despite making the point that the buyer should have read the description etc I aggred to give a full refund on return.
eBay also excelled themselves and found the case in the buyers favour, and ordered me to issue a refund, BUT it was very clear that although they had
frozen my funds for that payment they would not issue a refund to the buyer until I had confirmed receipt of the retuned item at the buyers cost.
Where a seller is not a acting in the course of a business the Distance Selling regs have no effect. There is a big difference between a description
which is incorrect and one which is incomplete. Subject of course to the e-bay small print which I cannot be bothered to read - if no claims are made
as to the condition of any item then - buyer beware.
However a general description "very good" "good used condition" etc would amount to a representation upon which the buyer would be
entitled to rely.
I suspect the e-bay small print deals with this.....