Advice Please On Item Thats Arrived Damaged

mysterytoyou

chja wrote: »

Was it a business or private seller ?

If business, then they are responsible for paying your return postage under distance selling regulations.

If private, it comes down to goodwill and even a Paypal dispute will not force them to pay your return postage.

DSR's are only applicable when the item is purchased on a BIN, not auction.

& even then, as said, if the company states the buyer has to pay return postage, then they buyer is responsible.

mysterytoyou

Op,

You will have to contact to the seller to gauge their attitude, and if you need to open up a dispute, then make sure you send the item back via a trackable method.

Most good sellers will refund postage costs incurred, if they are at fault.

TigerLillie

Thank you everyone for their support- well there was me hoping for return postage the seller is not even prepared to pay the initial postage;


"The light was attatched fine to my old car, it has not been broken in the process so must have been fitted like that on my golf. If you want to return it thats fine I will refund you £13, but I'm not paying postage costs when I know the lights in full working order.
Thanks"

£13 was the bid amount ( EXCLUDING POSTAGE ) so to get £13 back will cost me another £7 postage. This means based on this scenario I would have paid out £27 in total and then given £13 refund so £14 down. Wheras the seller would be evens and she is the one who sent a damaged item!! I asked seller to reconsider and got the message below:

" I'm not paying £25 to have a light back that I know is in good working order so you'll have to take it up with ebay
"

I think I may need to open the dispute that you guys have mentioned - not sure where the £25 came from- think she is referring to initial bid plus postage and return postage which would be approx £25

numberthree

Does the lighting cluster still fit securely onto your car using the 2 fixings that are still on it?

If it does then personally I would just use it as it is.

pinkshoes

Do you have a link to the sale so the rest of us can see it?

Does it describe the lights in good WORKING condition? (i.e. not referring to the brackets etc...)

Is it possible to see this snapped off part from any of the photos?

If you've tried to fit it in it's current state, and are 100% sure you can't fix it, then open a claim, and at the end of it, leave the buyer a negative. If the broken bit wasn't in the parcel, then it can't have broken off in transit.

TigerLillie

pinkshoes wrote: »

Do you have a link to the sale so the rest of us can see it?

Does it describe the lights in good WORKING condition? (i.e. not referring to the brackets etc...)

Is it possible to see this snapped off part from any of the photos?

If you've tried to fit it in it's current state, and are 100% sure you can't fix it, then open a claim, and at the end of it, leave the buyer a negative. If the broken bit wasn't in the parcel, then it can't have broken off in transit.

Thanks pinkshoes

The listing just shows front picture so no way I could have known about the missing snapped off bolt behind. The write up just states what the part is and the car it fits and then states just "good condition". I took that to mean that there were no parts snapped off!!

Looks like I need to open dispute but have not done before so a little wary about how to do and how the process works

mikegahan

Dear Friends

I am in a similar position. My seller wanted me to return and pay for a hefty stereo that was received damaged. However careful study of the DSRs makes it clear they apply to ALL professional sellers and suppliers, even if they are on Ebay. Only private buyers are excluded. My contention via my credit card chargeback claim & the Paypal process is that DSR clearly state that i am entitled to a full refund and it is the obligation of the seller to arrange and pay for return of goods, even if he has exclusions on his website whatever. The DSRs are very generous to consumers. If you read the Paypal guidance for sellers it makes it clear that they are very worried about chargebacks and a legitimate claim will probably succeed

smashed

mysterytoyou wrote: »

DSR's are only applicable when the item is purchased on a BIN, not auction.

& even then, as said, if the company states the buyer has to pay return postage, then they buyer is responsible.

Not true, the seller is responsible if the item is described incorrectly or faulty
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf
3.57..
If the goods are faulty or do not comply with the contract, you (the business) will have to pay for their return whatever the circumstances.