gearing up for a fight on ebay

[spacejay]

quick precis - i bought something on ebay, they sent the wrong item, i inform them, they want me to send the item back then reimburse my postage costs, this is too inconvenient for me and also means i incur other costs so i suggest they arrange a courier, they refuse.

i am feeling this is going to end in an argument and paypal/ebay are shite when that happens.

what would you do?

[Dr Bunsen Honeydew]

Immediately open a dispute at ebay "item not as described". Though it is your responsibility to send it back.

[Sovereign]

Good luck Spacejay.
The only problem I have ever had with eBAy, which was really my problem...
I bought a shower from ebay, and we fitted it in a customers home. The shower developed a fault six months later, because I couldn't find the receipt I had NO way of tracking down the plumbing eBay shop I bought it from.
In the end I had to replace the £195 shower for free.

[Daniel Quinn]

Alas, I think this is a fight you wont win .

I agree with the Doc re -registering a dispute , but your suggested resolution is unreasonable . Assumming it is not big/bulky and expensive to send back , then it is reasonable for them to ask you to send it back and refund you the costs . There is nothing to suggest it is anything but a genuine mistake and law is lieniant on such matters as long as you seek to reasonably rectify them promptly .

if they posted the item to you , it is reasonable for you to post it back subject to a refund of the costs .

[spacejay]

Alas, I think this is a fight you wont win .

I agree with the Doc re -registering a dispute , but your suggested resolution is unreasonable . Assumming it is not big/bulky and expensive to send back , then it is reasonable for them to ask you to send it back and refund you the costs . There is nothing to suggest it is anything but a genuine mistake and law is lieniant on such matters as long as you seek to reasonably rectify them promptly .

if they posted the item to you , it is reasonable for you to post it back subject to a refund of the costs .

you are the lawyer here but why is my suggestion ie they arrange a courier to pick up the item they sent me by mistake unreasonable? It will cost me in excess of the the actual postage costs to post the thing back and is extremely inconvenient. As far as i understand under DSR I am not obliged to send the item back, merely make sure it is kept safe if I cancel my original order.

[Daniel Quinn]

Sorry Spacejay
1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall—
(a)provide to the consumer the following information— .
(i)the identity of the supplier and, where the contract requires payment in advance, the supplier’s address; .
(ii)a description of the main characteristics of the goods or services; .
(iii)the price of the goods or services including all taxes; .
(iv)delivery costs where appropriate; .
(v)the arrangements for payment, delivery or performance; .
(vi)the existence of a right of cancellation except in the cases referred to in regulation 13; .
(vii)the cost of using the means of distance communication where it is calculated other than at the basic rate; .
(viii)the period for which the offer or the price remains valid; and .
(ix)where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently; .
(b)inform the consumer if he proposes, in the event of the goods or services ordered by the consumer being unavailable, to provide substitute goods or services (as the case may be) of equivalent quality and price; and .
(c)inform the consumer that the cost of returning any such substitute goods to the supplier in the event of cancellation by the consumer would be met by the supplier.


The information required to be provided by paragraph (1) is—

(a)the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a); .

(b)information about the conditions and procedures for exercising the right to cancel under regulation 10, including— .

(i)where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and .

(ii)information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

This is regulation 7 and 8 in addition you will be locked in to the contract with ebay/paypal . The Regulations are written so the supplier has some flexibility on this and the contract will determine how the regulation is interpraterd by the courts unless the contract seeks to redfine the law . There is no way round having to send it back imo , but all laws are arguing facts to legislation and thus always open to interpratation .

[Dr Bunsen Honeydew]

Also the big factor is they have your money and they wont refund it until the item is back with them and ebay and paypal will not use a forced refund unless you send the item back, and prove it is back. The only thing you have going for you is the threat of negative feedback unless they arrange collection, but ebay frown on these threats if they can prove it.

[spacejay]

well that's why you are are a lawyer but to me that still doesn't say that I should arrange to send the item back, merely it has to be returned, to which there is no argument. But yes doc, they have my money.

If I purchase something and decide I don't want it i see it as my responsibility to send the item back and pay for the postage (goes without saying). If the goods are faulty I see no blame and have no qualms about sending it back myself but i believe i should receive my postage costs back. If they make a mistake i believe it reasonable for them to arrange return of the item for i do not believe i should be financially out of pocket for doing so.

they have virtually accused me of lying and i am starting to get rather annoyed by this and when i get riled i tend to get rather stubborn - i did it when the train company unjustly gave me a penalty fare.

edit: quickest u-turn in history. i still don't believe it is fair but will make the effort myself, life's too short to get bothered by stuff like this. though i am still rather annoyed by their attitude. wait a minute, i think i am changing my mind again.

double edit: at least this has put me off buying my carpet through ebay. would not want to go through all this hassle on a big expensive item that i cannot post. in fact this has put me off buying anything valuable through ebay. i am sure they are quaking in their hush puppies.

[nat8808]

Wouldn't the same situation occur with any distance purchase? I can't see that this is eBay specific. What did you do in the end?

You'd have to vow only to buy in person in bricks and mortar shops to avoid it (always pick up NVA gear from Richard in person for example).

[Dr Bunsen Honeydew]

Wouldn't the same situation occur with any distance purchase? I can't see that this is eBay specific. What did you do in the end?

You'd have to vow only to buy in person in bricks and mortar shops to avoid it (always pick up NVA gear from Richard in person for example).

Does it cost nothing to return an item to a shop, how many have shops around the corner. Now a days it would cost as much if not more in fuel to take it back, not counting your time.