my statutory rights vs. e-bay policy?

Meduza

New Member
Jul 24, 2013
14
1
0
Hello again,

after a successful case in the recent past I am coming here again for another confirmation or advice.

I have bought an item via e-bay. The item was pictured and described there and returns accepted. When the item arrived, it was of a very similar make but of different hue and the buttons were different - therefore item not as described. More precisely it was a denim waistcoat and you probably know how "important" it is for some customers to match the colours of their denim outfit. I demanded the exchange for the correct product but they only offered me a refund. Ok, lets do it then.

So I returned it back after agreement with the seller for a full refund. In addition I was aware that because I was sent a wrong item I was also entitled for refunding the returning postage if I want it. Yes I demanded that as well and the seller confirmed, that I will get refunded the additional cost £3. There was a smiley emoticon in his answer, now I understand why.

Suddenly I recalled how I lost in the past when posted via just First class the faulty item and the seller insisted they never received it so I never got refund (USB stick). This time I decided to post it against a signature, which was £3.70. I contacted the seller whether they agreed with that but they never replied since then.

So I posted it anyway, willing to omit those silly 70p and hoped for a complete refund including the returning postage.
However, I only got refunded what I initially paid at the point of purchase.
When seeking help from e-bay, they did not reply to my query and on their forum I learned that e-bay cannot force the seller to pay and that the returning postage expenses are on me. I dont think this is fair. And I believe that I am entitled for the returning postage refund as well. But the case is closed and nobody seems to help me with that.
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
E-bay appear to think they own any consumer rights to anything, they agree to the best and easiest option for themselves as long as they carry on making money. I take it this item was new and bought from an ebay shop? If so its covered by the DSR and you are entitled to the postage back.

What to do about it is a different matter for the sake of £3 you can't go to court, only way you can do anything is by leaving negative feedback warning people of your experience.
 

Meduza

New Member
Jul 24, 2013
14
1
0
thanks so far.
according the DSR:
Returning faulty goods
If you receive faulty goods and wish to return them, 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 consumer 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.

According to SOGA:
In the case of faulty goods being returned because they are not fit for purpose do not match their description or are not of a satisfactory quality , the customer is entitled to claim the cost of postage from you or to request that you arrange collection of the item.

===========
yes, the item was new with a tag and it was a seller selling via e-bay, not directly an e-bay shop (as amazon have, not sure how much are these two similar).

I have already let them know that when I receive those stupid £3, I will leave a positive feedback. It appears they do not care.
I am going to write them an e-mail as nobody is picking the landline all day long and lets see. Will give them another 7 working days. This should be enough and I will not miss the chance for leaving feedback.
I love principles and that is why I tend to fight to the last penny if possible :)
 

Meduza

New Member
Jul 24, 2013
14
1
0
In addition, could I sort of threaten them that by ignoring the legal obligations and my rights they also break the law according to under the Consumer Protection from Unfair Trading Regulations 2008? Could I report them somewhere? I hate to do this, but I also hate to be taken advantages off. I wanted to buy a stuff, paid instantly and now all I have is loss (they have it as well but they made a mistake, not me).
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Yes the law is on your side all the way but I don't see any way you can make them pay, ebay take no responsibility for anything bought or sold on their site claiming they are just a facilitator with no legal obligations plus they are not based in the EU which they think absolves them of any legal obligation. As far as the seller is concerned, if they are not trading as a business then your legal rights diminish considerably, private sellers have no obligation other than not misdescribing goods.
 

Meduza

New Member
Jul 24, 2013
14
1
0
Hi, regarding the seller, when searching by the address, they appear as private seller as the address points to a residential area. but he sells a number of the same item, so it is not just an average citizen getting rid of unwanted stuff. but he does not seem to have a business name or a company registration number

so he probably is just a private seller.
 

Meduza

New Member
Jul 24, 2013
14
1
0
WAW!

After a short e-mail, factual, that they still owed me the money and that I would like to close this case completely for the sake of leaving feedback (positive if received the refund), couple of hours later I received an e-mail that the postage was refunded me with 5p bonus, i.e. £3.75. funny.
I lost the proof of postage with tracking number, but I purchased the postage online so I had the receipt and this was attached to the e-mail. Just in case they threw away the envelope and did not believe me the postage expenses.

Their reply was that it must have been overseen as the full refund was issued initially. I understand from this that they do not do this too often, I mean refunding the extra postage. Many unhappy e-buyers just accept the policy and leave it. Not me. I am a fighter :)

Another good ending.

Thanx for your time and effort in replying and explaining things to me.