Item not as described, seller saying we need to pay to return it

deaston
deaston Posts: 477 Forumite
I've asked this elsewhere on these forums, but it was suggested I post here.

My partner ordered a new, made-to-order greenhouse on eBay - the length ordered was 124". The contract confirmed the length of 124" and said we needed to build a solid base 124" long (which we did, at a cost of around £1200). But when it arrived, it was 127" long and so looks very odd.

We contacted the seller and asked that he replace it with one the correct length or refund us 50% (£2000) and we'll consider the matter closed (and use the money to adjust the base as well as repair/adjust a few things on the greenhouse that are different to the photos on the listing).

The seller has told us we can have a £1,000 refund (which isn't enough) if we don't take the matter further or a full refund (which we didn't ask for) if we return the greenhouse to them - not easy considering they delivered and installed it. They've not offered to replace it with one of the correct size.

They've not fulfilled their side of the contract, so surely we shouldn't be out-of-pocket?
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Comments

  • glentoran99
    glentoran99 Posts: 5,821 Forumite
    First Anniversary Combo Breaker First Post Debt-free and Proud!
    edited 6 July 2017 at 11:40AM
    open a case not as decribed and take it from there, £1000 and keep the greenhouse is more than generous imo


    just to clarify You spent £4000 on a greenhouse from ebay?
  • deaston
    deaston Posts: 477 Forumite
    open a case not as decribed and take it from there, £1000 and keep the greenhouse is more than generous imo


    just to clarify You spent £4000 on a greenhouse from ebay?

    I believe we've done that (we phoned to explain and they're holding the payment), but PayPal are saying we will need to return the item. We have no way of knowing how to safely dismantle the greenhouse without damaging it (which we didn't erect) and no means of returning it.

    Correct, £4000.
  • ballisticbrian
    ballisticbrian Posts: 3,937 Forumite
    First Anniversary First Post Combo Breaker
    It's over-lapping what I assume is a course of bricks at one end by 3". Is this correct?
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  • k3lvc
    k3lvc Posts: 4,174 Forumite
    First Anniversary Name Dropper First Post
    It's over-lapping what I assume is a course of bricks at one end by 3". Is this correct?


    For £900 I'll come and extend the base by 3" - everyone's happy :rotfl:
  • pinkshoes
    pinkshoes Posts: 20,082 Forumite
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    Surely the £1000 will pay for the base to be extended by a small amount???? (Given the entire base was £1200)

    I think this offer is more than fair, if that is the only the wrong with it.
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  • Brynsam
    Brynsam Posts: 3,643 Forumite
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    edited 6 July 2017 at 1:39PM
    Why can't the base be extended by 3" for a cost of no more than the £1,000 being offered?

    Looking at your other posts (including the link to the seller's description), the size shown there is 6' x 10' with buyers being told they need a base 80" x 125" i.e. larger than the greenhouse. Didn't you think it was a bit odd when the guy building the base for you said that it was smaller than the greenhouse to 'facilitate drainage'?

    Given the amount of money involved, get your paperwork together and have a word with local Citizens Advice.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    deaston wrote: »
    I believe we've done that (we phoned to explain and they're holding the payment), but PayPal are saying we will need to return the item. We have no way of knowing how to safely dismantle the greenhouse without damaging it (which we didn't erect) and no means of returning it.

    Correct, £4000.

    Where did you open the case? Ebay or Paypal?
  • soolin
    soolin Posts: 72,195 Ambassador
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    Where did you open the case? Ebay or Paypal?

    OP this is the important question. If the case is opened in PayPal then they cannot force a seller to pay the return carriage. If case is open in eBay then you can insist seller collects or pays for the return.

    Obviously none of this over rides your right to go to small claims, but as seller has offered a remedy already you might not be guaranteed a win.
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  • deaston
    deaston Posts: 477 Forumite
    Brynsam wrote: »
    Why can't the base be extended by 3" for a cost of no more than the £1,000 being offered?

    Looking at your other posts (including the link to the seller's description), the size shown there is 6' x 10' with buyers being told they need a base 80" x 125" i.e. larger than the greenhouse. Didn't you think it was a bit odd when the guy building the base for you said that it was smaller than the greenhouse to 'facilitate drainage'?

    Given the amount of money involved, get your paperwork together and have a word with local Citizens Advice.

    We had the base built to the specifications the seller outlined in the contract - 124" long. They then delivered it and built the greenhouse and I pointed out it was 3" too long. They gave me the "it's on purpose" excuse. Only when my partner got home from work did I realise that was nonsense. She was very annoyed we'd spent a fortune building a base that was the wrong size.

    I suspect the link I've put appears to be for a larger version. The greenhouse we ordered was 10'4" by 6'8".

    The base can be extended, but there are other issues with the overall quality. One particular example is that ridge bar (along the top of the roof) is too short, leaving about a two-inch gap at each end between it and the finials. In all their photos there's no gap.

    If this was £400 greenhouse I wouldn't mind so much, but for £4,000 (plus the fact we spent money on an attractive brick base rather than some paving slabs) we're pretty fed-up. And the seller is being anything but helpful.
  • deaston
    deaston Posts: 477 Forumite
    soolin wrote: »
    OP this is the important question. If the case is opened in PayPal then they cannot force a seller to pay the return carriage. If case is open in eBay then you can insist seller collects or pays for the return.

    Obviously none of this over rides your right to go to small claims, but as seller has offered a remedy already you might not be guaranteed a win.

    This is great info - thanks.

    To be clear, this is my partner's purchase and she's been dealing with eBay/PayPal, so I might be getting details wrong. From what I understand, because we bought it seven weeks ago (because that was the lead time of the greenhouse) too much time has passed for eBay to get involved, so PayPal (and our legal rights) seem our only option now.
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