Expired

Any suggestions? Faulty item from eBay but refusing to pay for returns?

Found 26th Jul 2014
Please can I get some advice, I'm quite sure what I need to do but just want some second opinions.

Bought a console which arrived dead, will not power on and the seller is saying that I can return the item however when I ask them to cover the return costs, they said it says in the listing that the buyer pays returns - even thought this is for when a buyer changes their mind.

They have a business eBay account and under my statutory rights, they should pay for the return postage charge however they are just refusing. Anything I can do other than take them to court?

10 Comments

if you look at the ebay rules it says any returns is up to the buyer to pay/cover and not the seller.

i know this because i had to send something back and got ebay involved and after almost 2 weeks it ebay sided with the seller. any returns & costs is down to the buyer not the seller. !!

Contact eBay customer services in the first instance. In similar circumstances in the past, I was refunded the full amount including p&p without returning the faulty item. It may also be worth contacting PayPal if you made payment using their services. Final port of call is a chargeback claim to your credit card company if you paid by card, even if it was through PayPal.

Useful link.

whatsThePoint

down to you to pay for its return


Not if the item is faulty.

adviceguide.org.uk/eng…htm

When the trader must pay for the cost of return

The trader must pay for the cost of return if:

you are returning the goods because they are faulty

the goods supplied to you were substitutes
asking you to return the goods would be seen as an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999.
Unfair contract terms


Threaten them that you will contact trading standards if the don't comply with above.

winter_zombie

if you look at the ebay rules it says any returns is up to the buyer to … if you look at the ebay rules it says any returns is up to the buyer to pay/cover and not the seller.i know this because i had to send something back and got ebay involved and after almost 2 weeks it ebay sided with the seller. any returns & costs is down to the buyer not the seller. !!


eBay and PayPal are very USA centric in their approach and don't always appreciate UK and European consumer protection legislation. I recently had a dispute over a mobile phone unlock code which I paid for using PayPal. They rejected my claim for a refund when the code did not work and the seller refused to refund me because they said the service purchased was 'intangible' and so not covered by their money back guarantee. When I researched this, I discovered that their own Terms and Conditions explicitly stated that this did not apply in the UK. When I copied and pasted the relevant paragraph into an email of complaint, they refunded me in full within 24 hours.

simplyjimbo

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/returning_goods_-_distance_sales.htmWhen the trader must pay for the cost of returnThe trader must pay for the cost of return if:you are returning the goods because they are faultythe goods supplied to you were substitutesasking you to return the goods would be seen as an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999.Unfair contract termsThreaten them that you will contact trading standards if the don't comply with above.


I'll second that!

Original Poster

Thanks everyone - I appreciate all your advice!

They are certainly responsible for the return postage charge however I was just checking how I could enforce that without court action.

I will contact eBay tomorrow.

Edited by: "joshp" 26th Jul 2014

proveing it was sent damaged and not by you is almost impossible so good luck.

joshp

Thanks everyone - I appreciate all your advice! They are certainly … Thanks everyone - I appreciate all your advice! They are certainly responsible for the return postage charge however I was just checking how I could enforce that without court action. I will contact eBay tomorrow.



Twice now I have received full refund from eBay but you will need to word it right. I.e why should I pay to return something clearly broken or faulty I'm happy to return it but not pay for postage. I've never had an issue.
Post a comment
Avatar
@
    Text
    Top Discussions
    1. Spotify family22
    2. Gala Bingo/Games. Deposit £5 get £40 cashback. Quidco - new Gala members11
    3. Has the amount of Apple fanboys increased on the site after the redesign?11
    4. Urgent help needed with travel agent56

    See more discussions