Seller says returned item is scuffed

10p

I have recently bought an MP3 player on eBay (it was a buy-it-now item, not an auction), however when I tested the player I was not happy with how it functioned, so I sent it back to the seller the same day and requested a refund. When the seller received the returned item he wrote to me that the player display was scuffed presumably because I had the display protector removed, hence the seller could offer only a partial refund. I remember that the player display was in a perfect condition when I sent it back and it was well packed so hardly something could happen during the delivery. Obviously I can't check if the player screen is really scuffed now - or even if it is the same player I tried.

Now I wonder what rights I have and if I can secure the full refund for the returned player.

Could someone advise on it please?

Ivory_Tinkler

Firstly was this a private seller or a business and secondly why did you remove the screen protection if you were only testing it out (or could you not see through the protector)? Only asking because as you have used it and removed the protector the seller could argue that it hasn't been returned in the condition it was sent. If this is a private seller then the only way really you could try and get money back if they refuse is by Paypal (assuming you paid that way) as a business seller you could try for a refund under the distance selling regs.

pinkshoes

By removing the display protector, you're returning an inferior product, so obviously the seller isn't happy with this.

What do you mean by "I was not happy with how it functioned"? Either it worked or it didn't????

10p

Thank you for your response, Ivory. It wasn't possible to put the player in its rubber case without tampering the screen protector, that's why I removed it. The screen protector wasn't mentioned in the product description or documentation, and I treated it as part of the packaging - was I wrong?

They positioned themselves as business and were selling a number of identical players, so I guess distance selling regulations do apply. However, the seller states the player has been returned scuffed, and I don't know how such problems are usually treated, could you please advise if I still can try doing something about it in order to get a full refund?

Thanks again.

10p

pinkshoes wrote: »

What do you mean by "I was not happy with how it functioned"? Either it worked or it didn't????

The seller was evasive about certain product characteristics, so I learnt it only when I tried it. Also, the seller promised a full refund "if I didn't like the product for any reason". Also, the distance selling regulations applied. But it has nothing to do with the current problem.

Ivory_Tinkler

If the MP3 wasn't as described and the seller is a business, then I would expect that you can get a refund. You could go back to your seller and tell them exactly what you have said here and that you purchased the item according to the description given and their advice which proved to be wrong. Otherwise contact Paypal (if you paid this way) and see if you can get a refund through them under the "not described" category but do give your seller the option to put this right first.

10p

Ivory_Tinkler wrote: »

You could go back to your seller and tell them exactly what you have said here and that you purchased the item according to the description given and their advice which proved to be wrong.

That's exactly what I've done. However the problem is not that the seller is not willing to give me a refund. The problem is that they state it was my fault that the player was scuffed so they have to scrap it now and they offered giving me not a full refund for that reason, but a partial... Add it to the fact that I seriously doubt the player was really scuffed, but there's no way to check it now...

DCFC79

If the player was scuffed they could sell it as used and explain about said scuff,