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Sending faulty goods back on ebay - who pays returns cost?

24
Found 25th Jan 2013
I bought a wireless keyboard and mouse, but the mouse is faulty. The seller who is a business is refusing to pay my returns cost.

I opened a dispute on ebay, the seller accepted the return through there but there is no mention of returns cost.

It will cost around £5 to send back, not a lot I know but its the principle of it.

Any advise, welcomed. Thanks

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25 Comments

Buyer has the responsibility to return at their own cost, think its in eBay's t&c's somewhere

if its under 7 days DSR (Distance Selling Regs) should apply, and I am quite sure it states in there they have to pay for it as they are a business as long as its a UK company

Edited by: "t3rryg00dacre" 25th Jan 2013

Return postage costs

In general, the seller is obliged to pay for the return postage unless you’ve specifically provided, within your returns policy, that you require the buyer to pay for it.

Ts&Cs

i have had this several times and the seller will not cover return postage costs so i have been left out of pocket

Hi, predikuesi is right, it all depends on whether you were informed on the listing that you'd be responsible for return costs, if not i'd say save your self the hassle pay the £5 and leave appropriate feedback, any decent seller will refund the return postage on a faulty item, even if only when they've received it back and confirmed the fault.

''you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.'' - LINK

If I sell something that doesnt work, I pay for return postage. If its the buyer changing their mind etc, I get them to pay. If I think the item is fine but the buyer has probably broken it,misused it or cant use it properly I get them to pay lol

Think the seller should but it is not going to happen - just accept a refund!

As the item is faulty it should be their responsibility to pay the return postage or at least refund you the postage once they have the item. As t3rryg00dacre said, I think under DSR when an item is faulty it is the seller who pays the postage as you as the customer should not lose out.

I found this by googling: reviews.ebay.co.uk/Ret…623 - it outlines the parts of the DSR that state the seller is required to refund and pay all postage costs associated with returning the item.

If you send a message to the seller to make them aware of this, I imagine they will probably then pay the postage. Good luck OP!

As a business they are obligated to refund the return postage costs if an item is faulty and if the item was sold using 'Buy it Now' or 'Second Chance Offer':

Under the Distance Selling Regulations, buyers have a period of 7 working … Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.



The Distance Selling Regulations generally apply to sales to non-business … The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet, including:-Buy It Now listings on eBay.co.uk-Second Chance Offers on eBay.co.ukThe UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk, and do not apply to all types of items.



Source (eBay) <-- Point the seller to this page and ask them politely why do they feel they are exempt from Distance Selling Regulations in this situation.

Edited by: "spaceinvader" 25th Jan 2013

DSR rules apply - if faulty, a (business) seller has to cover the return cost.

Have you checked the driver is up to date on the mouse?

Original Poster

Thanks all for your comments, I'll email ebay for some clarification as to where I stand.

@tonyd - its a machanical problem with the mouse wheel. Also there are no drivers for it like a lot of non ms or logitech mice as i am finding out. Been through many mice over the past few years! Cheere though.

please dont listen to all the above, faulty items are not covered by dsr and if you state you are returning under dsr you will have to pay for the return.
Normally claims for goods failing to meet certain standards of quality etc are claimed for under the Sale of Goods Act and you must be explicit in stating this in your rejection of the goods.
The normal course of action is to simply notify the seller of the above facts and if he fails to act you can make a claim to the county court and win.

Happened to me many times with broken/defective/well used items that wasnt my fault or/and the description was totally deceptive...I open a dispute but ebay didnt bother at all about the return costs which in the end always had to pay from my pocket...even smtimes the seller said on the messages that will refund the return cost and in the end never did and still ebay didnt back me up!...thats why gradually ebay become full of scamers...the only reason a seller would pay the return cost is the possibility of negative feedback...

One of the many reasons I hate and no longer use ebay.
Hope it all gets sorted for you mate.

hoodr40

One of the many reasons I hate and no longer use ebay. Hope it all gets … One of the many reasons I hate and no longer use ebay. Hope it all gets sorted for you mate.

Same

Banned

maddogb

please dont listen to all the above, faulty items are not covered by dsr … please dont listen to all the above, faulty items are not covered by dsr and if you state you are returning under dsr you will have to pay for the return.Normally claims for goods failing to meet certain standards of quality etc are claimed for under the Sale of Goods Act and you must be explicit in stating this in your rejection of the goods.The normal course of action is to simply notify the seller of the above facts and if he fails to act you can make a claim to the county court and win.


so wrong.

Returning faulty goods
The Distance Selling Regulations are in addition to your other legal rights.
So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same rights under the Sale of Goods Act as you have when buying face to face.
Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

Returns and Refunds

Have a look at the second paragraph, which says if the goods are faulty the seller has to pay the return costs.

Only when using the DSR are you required to pay for return costs, point the seller to this document.

And remember, negative feedback is your friend.
Edited by: "aircanman" 26th Jan 2013

csiman

so wrong.Returning faulty goodsThe Distance Selling Regulations are in … so wrong.Returning faulty goodsThe Distance Selling Regulations are in addition to your other legal rights.So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same rights under the Sale of Goods Act as you have when buying face to face.Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.



Wrong? get over your self and read the paragraph you posted, it says quite clearly use the SOGA.
only a total moron would reject the goods under the DSR which means paying the return postage

maddogb

Wrong? get over your self and read the paragraph you posted, it says … Wrong? get over your self and read the paragraph you posted, it says quite clearly use the SOGA.only a total moron would reject the goods under the DSR which means paying the return postage



oft.gov.uk/ says you are wrong, who do I believe, you or the people who made the rules?

Q. What specifically do I have to refund to the consumer if
they cancel?


3.48
The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery.
The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

Edited by: "spaceinvader" 26th Jan 2013

I bought a cellular blanket from an eBay seller. It was described as winterweight but it was pathetically thin, nasty and scratchy, and - although brand new - reeked of dampness. I returned it and the seller was extremely awkward about it. She eventually refunded but didn't refund either the postage cost or the return postage, meaning I was quite a bit out of pocket. By that time I was just grateful to get a refund at all!

Lou Scotland

I bought a cellular blanket from an eBay seller. It was described as … I bought a cellular blanket from an eBay seller. It was described as winterweight but it was pathetically thin, nasty and scratchy, and - although brand new - reeked of dampness. I returned it and the seller was extremely awkward about it. She eventually refunded but didn't refund either the postage cost or the return postage, meaning I was quite a bit out of pocket. By that time I was just grateful to get a refund at all!



That's what they are hoping you do, you should have just taken it to dispute (guaranteed win). Not refunding the postage is plain wrong.

Banned

maddogb

Wrong? get over your self and read the paragraph you posted, it says … Wrong? get over your self and read the paragraph you posted, it says quite clearly use the SOGA.only a total moron would reject the goods under the DSR which means paying the return postage


I wasnt the one being all judgemental about everyone else's posts, most of which were correct in saying that goods can be returned free if faulty.

methinks you're the moron who needs to have a long look in the mirror
Edited by: "csiman" 26th Jan 2013

What are you talking about i never said you can't return faulty goods,
i simply said if you claim under the dsr's you must pay the "return" cost, the quotes above simply state about delivery costs, these are NOT the return costs
the quote from space invader is from a traders perspective when it talks about delivery costs, common mistake when googling things you don't understand :P
the argument is about not whether or not you can return faulty goods it is the manner in which you return them and if you want to claim your statutory right to reject these goods under the SOGA you need simply inform the retailer in a durable form and keep a copy.
Upon rejection of the goods there is no stipulation in law for you to return the goods simply to make them available for collection.
btw i have proven this in court and for a small labour fee i will gladly provide you with scans of any relevant documentation you require.

DSR only apply to a business and usually if they accept returns. If the item is faulty then the seller should refund P&P both outward and returning the item as the item is not fit for purpose. If so simply change your mind then Buyer Pays P&P.

Advise seller you are looking Outward and Return P&P, he is probably hoping you'll drop it. Contact Ebay (use the virtual chat and you will get an instant reply) You may have make a claim.

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