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Not as described. Am I being reasonable?

I'm still in dispute with the seller so I'll keep things anonymous to be fair to all sides.

I recently bought a CD which was described with works like plays perfectly and case in good, not perfect condition.

Since receiving the CD I've found the case is well worn, the booklet which would originally have been attached is unattached and part of the case has become detached as the glue has given way.

I also cannot get a particular track on the CD to play in my PC or CD player - the discs are fairly scratched. Additionally the packaging the seller used was a strongish brown envelope, not padded or a box and was showing rips/damage from being through the postal system.

The seller insists the discs play fine on their machines (I don't dispute that) and the condition is as described. If I want a refund it will be less postage.

I have responded with my points and saying I expect a full refund. Am I in the right to expect this? After all I now have the hassle of posting back the item (this time in a padded envelope).

The seller is not a registered business but does appear to sell many items and has good feedback.
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Comments

  • Even if you file Paypal claim, you will still have to pay postage to return the CD. I would not bother to return, however you can leave an appropriate feedback. I would leave positive, with low stars and I would describe the problem in the positive comment.
  • colin79666
    colin79666 Posts: 1,359 Forumite
    Part of the Furniture 1,000 Posts
    I'm not expecting return postage. I do not however expect the seller to deduct the original postage cost from the total I paid them for the item (including postage).

    The CD cost enough that it is worth returning it.
  • In this case I would return it. I had similar problem recently and I accepted partial refund.
  • colin79666
    colin79666 Posts: 1,359 Forumite
    Part of the Furniture 1,000 Posts
    sigh
    the seller is sticking to their guns and refusing to refund the full amount :angry:

    Should I go down the claims route or simply return it and be done with it (leaving appropriate feedback)? :confused:
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Sorry to ask the obvious, but have you opened a paypal dispute?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • colin79666
    colin79666 Posts: 1,359 Forumite
    Part of the Furniture 1,000 Posts
    Sorry to ask the obvious, but have you opened a paypal dispute?
    Not yet. I've been trying to simple email route but the seller and I can't agree on the value of refund. The questions are:
    1. Am I in the right to ask for a full refund (item+original postage)?
    2. Is it worth going through PayPal or should I just post it back and get the original item cost back (not including original postage). I would be £3.50 out of pocket (£2 postage charged to me plus £1.50 cost to send it back).
  • Even if you file Paypal claim, you will still have to pay postage to return the CD. I would not bother to return, however you can leave an appropriate feedback. I would leave positive, with low stars and I would describe the problem in the positive comment.

    why leave a positive. feedback's there to inform others. Sounds like you have bought a dud. If the seller doesn't budge leave the appropriate feedback.
    :D
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    1. If the goods are not as described, and unsatisfactory to you, then yes.
    2. As the seller's being a pain, it's definitely worth going through PP. You're going to be out of pocket on postage either way.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • 30111987 wrote: »
    Not yet. I've been trying to simple email route but the seller and I can't agree on the value of refund. The questions are:
    1. Am I in the right to ask for a full refund (item+original postage)?
    2. Is it worth going through PayPal or should I just post it back and get the original item cost back (not including original postage). I would be £3.50 out of pocket (£2 postage charged to me plus £1.50 cost to send it back).

    if you go through the paypal route and win, you'll be entitled to what you paid back as far as I'm aware ie. including P&P. So you'll be out of pocket by the £1.50 it costs to send it back
    :D
  • colin79666
    colin79666 Posts: 1,359 Forumite
    Part of the Furniture 1,000 Posts
    I may as well send the item back anyway just now and then I can see what the seller does.
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