Ebay return: faulty replacement warrenty?

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Hi,

I bought an item on Ebay via "Buy it Now", but it turned out not to be what I wanted - nothing wrong with it except being too small.

Seven days after buying it, I opened a case for returning it, but the seller closed the case stating that: "Sorry we have a faulty replacement warrenty [sic]. We do not refund." Then they closed the case.

The fact they mis-spelt "warrenty", I find a bit odd, but anyway . . . I don't know what this means. The seller's return policy doesn't seem to mention it & actually makes reference to them not paying postage if you're returning a non-faulty item: http://stores.shop.ebay.co.uk/Great-Choices/Terms-and-Conditions.html

I guess I'm just looking for clarification & wondering if I should pursue things.

Thanks!
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Comments

  • mrcol1000
    mrcol1000 Posts: 4,790 Forumite
    First Post First Anniversary
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    I would report it as not as described if it was smaller than expected and see what happens. If they are a business they have to offer a refund as long as you return it in same condition they sent it in. If they are not a business and it was as described then your better of trying to sell it on and hopefully get your money back. I brought something that didn't turn out to be what I wanted and sold it for double what I brought it for! Although I have also done this and lost some money but at least I got some of my money back.
  • frivolous_fay
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    Do you mean you opened a paypal dispute for a perfectly good item?

    :eek:
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Belisarius
    Belisarius Posts: 131 Forumite
    edited 30 September 2009 at 8:39AM
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    Do you mean you opened a paypal dispute for a perfectly good item?

    :eek:

    Thanks for this helpful response. No - I just opened a "case" in the Resolution Centre. I've had problems dealing with these people before (they don't tend to reply to emails with any frequency), so opted for this route.
    mrcol1000 wrote: »
    I would report it as not as described if it was smaller than expected and see what happens. If they are a business they have to offer a refund as long as you return it in same condition they sent it in. If they are not a business and it was as described then your better of trying to sell it on and hopefully get your money back. I brought something that didn't turn out to be what I wanted and sold it for double what I brought it for! Although I have also done this and lost some money but at least I got some of my money back.

    Thanks for the advice.

    There was nothing wrong with the item & it was as described. I was just wondering, since I bought a "By it Now", whether the distance selling regulations applied.

    How do I ascertain whether they're a business or not? How do I re-open a case that they've closed if they are a business. Sorry for the questions - I don't deal with ebay much.
  • peter_the_piper
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    """Thanks for this helpful response. No - I just opened a "case" in the Resolution Centre. I've had problems dealing with these people before (they don't tend to reply to emails with any frequency), so opted for this route."""

    Err, if you've had problems with these people I'm at a loss to understand why you ordered again. To just open a case to see what would happen does seem to be a tad provocative.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • gordikin
    gordikin Posts: 4,422 Forumite
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    Belisarius wrote: »
    Thanks for this helpful response. No - I just opened a "case" in the Resolution Centre. I've had problems dealing with these people before (they don't tend to reply to emails with any frequency), so opted for this route.



    Thanks for the advice.

    There was nothing wrong with the item & it was as described. I was just wondering, since I bought a "By it Now", whether the distance selling regulations applied.

    How do I ascertain whether they're a business or not? How do I re-open a case that they've closed if they are a business. Sorry for the questions - I don't deal with ebay much.


    The fact you mis-spelt "By it Now", I too find a bit odd, but anyway....?
  • carrie483
    carrie483 Posts: 1,868 Forumite
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    Just wondering why you waited 7 days to open a case? In that seven days, couldn't you have emailed the seller (as they request in their t&c's) and waited for a response?

    I think you've probably annoyed the seller going about it this way.

    Not really sure how ebay and paypal stand with people returning items because the buyer didn't check the size before buying.
    Accept that some days you're the pigeon and some days you're the statue.
  • mrcol1000
    mrcol1000 Posts: 4,790 Forumite
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    Belisarius wrote: »

    How do I ascertain whether they're a business or not? How do I re-open a case that they've closed if they are a business. Sorry for the questions - I don't deal with ebay much.


    If you click on the item page it should say if they are a business seller or not under their username. If they are selling lots of similar items then there is a good chance they are a business. Although whether they are registered on Ebay as a business seller is another matter! If a non-business sells something buy it now I am 99% sure that you have no right for refund if you change your mind. What type of item did you buy?
  • Belisarius
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    mrcol1000 wrote: »
    If you click on the item page it should say if they are a business seller or not under their username. If they are selling lots of similar items then there is a good chance they are a business. Although whether they are registered on Ebay as a business seller is another matter! If a non-business sells something buy it now I am 99% sure that you have no right for refund if you change your mind. What type of item did you buy?

    Thanks for this info. It was a carry case for my cat. I thought he would just about fit in it, but he doesn't, unfortunately - that kind of thing is pretty hard to judge, even with the measurements to hand. It does say "registered as a business seller" under the username, but I may just leave it & try to resell as it seems like it would be a lot of effort to return it. I shall ponder. Thanks!
  • VanyaHargreeves
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    Also - they've spelt warranty right on the page you linked to...
    If you mean they've spelt it "warranty" and not "warrenty", then I think you'll find you're wrong and they're right...
    Undergrad law student. Take my advice with a pinch of salt! :rotfl:
  • MacsReturns
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    Belisarius - as it's a business seller, and you bought on a 'buy it now', then the Distance Selling Regulations do apply and you have an absolute right to return it ('cooling off'), but at your expense, original packaging etc etc. Lodging a return request is okay by the book, but as someone said, you've probably annoyed the seller by not contacting them directly first (but if they're professional that shouldn't let them affect how they treat you - moaning about you at the pub after work, well, fair game :D )

    When a seller rejects a return request they specifically have to say they have a right to do so. I think in your case they don't, so take it up with eBay customer services.

    This new returns system is a pain in the rear, we've had two, both caused problems - first time the customer decided actually they would keep it after all - had to call our eBay manager to fix that - second one was for an order not even sent out yet, so how could they return it??? It was a duplicate order and the customer used the wrong procedure. Seems a bit daft the return request would even be available on goods not marked as despatched... so hopefully there'll be some tweaking of this facility ;)
    A man is rich in proportion to the number of things he can afford to let alone - Thoreau
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