Distance Selling Regulations - Collected Item

Graeme1978

Hi,

Can anbody tell me if the DSR applies to a collected item?

I bought a hoover on eBay recently which I collected from the seller. I figured it would cost me less in fuel to drive 28 miles there and back than pay the seller's high postage charges.

When I got it home, it was faulty. The seller is saying because I collected the item from them it is up to me to take it back there and will not collect or refund any postage charges.

I think having collected the item I might be stuffed but would appreciate any advice.

Cheers,

Graeme

dmg24

How/ when did you pay for the item?

Did you buy from a business or a personal seller?

The_Pedant

How was the item won on eBay?
If the item was won by a standard eBay auction (not "buy it now"), then the Distance Selling Regulations do not apply, as these explicitly exclude auctions from the sales covered by the act.

I'm nnot 100% sure how the sale of goods act applies to second hand sales. I believe that would still apply, in that the goods must match any stated description (although private second-hand sales are typically treated as buyer beware). If the sale of goods act does apply, then this explicitly states that in repairing or replacing goods, the burden of costs falls squarely on the supplier ( section 48B(2)(b) )

Graeme1978

Hi,

Thanks for your replies so far.

The seller has an eBay Shop and the item was bought on a 'Buy It Now' on 9th April. I contacted them on 14th April to report the problem and over the couple of weeks since then have exchanged a few E-mails trying to sort the problem but they have now asked me to return it to them for repair or replacement if they aren't able to repair.

Just unsure whether I am able to force them to collect or reimburse postage costs as I collected the item.

Graeme

The_Pedant

Ok, the fact that it was an eBay store and used 'Buy it now' means that it is considered to be a sale that could fall under DSR.
I believe that DSR applies to sales where the contract to buy is concluded at distance (which this way, via eBay). The fact that you picked the items up (it could just as easily been a friend, or a courier), I would not expect to therefore preclude you from being covered under DSR.

Either way, DSR is intended to protect people's ability to return items that are not as they imagined them to be. You therefore have a right under DSR to return the goods (subject to any statement in their T&Cs over who pays cost of return), and you also have a right under the sale of goods act. Under the Sale Of Goods Act, any repair or replacement must be made without causing 'significant inconvenience' to the buyer.

Personally, I would therefore expect them to cover the cost of return. In effect, you did them a favour by collecting the item. That does not therefore relieve them of their other obligations to provide something that works.

phlogeston

The_Pedant wrote: »

OUnder the Sale Of Goods Act, any repair or replacement must be made without causing 'significant inconvenience' to the buyer.

Personally, I would therefore expect them to cover the cost of return. In effect, you did them a favour by collecting the item. That does not therefore relieve them of their other obligations to provide something that works.

The SoGA does not prevent you from rejecting the goods outright as the vacuum cleaner was clearly not fit for purpose and you informed the seller immediately when you became aware of the problem.

You are entitled to a refund, not just repair or replacement. Contractually you would be entitled to any loss as a direct result of their breach of contract - this would include costs incurred returning the item.

Graeme1978

The company is digging their heels in.

They've said that I have to return the item to them. They say that because I collected the item then that was the same as going to my local Argos and buying an item and I would have to return the item to the store myself.

Another point to note is that their own Terms and Conditions state: -

"If in the unlikely event a product arrives damaged or faulty we will either replace or refund the item straight away FREE of charge"

Suggestions as to my next step?

Optimist

The DSR are in essence regulations governing the purchase and delivery of a item from a supplier to the consumer without face to face contact at any stage. . The complete process

hayley11

Have you opened a dispute with ebay? Did you pay cash on collection?

Graeme1978

I paid by Visa debit card. I understand there is a chargeback process for debit card transactions?

hayley11

If you ordered the item through ebay then there is a procedure to follow to get this resolved. You might be best posting this on the ebay board, there are some really helpful people over there (not saying there aren't any here but I do think the ebay board is more relevant )

To be honest, if I was the seller, I would expect you to check an item before taking it away so I would also probably expect you to foot at least some of the postage costs to send it back.