Consumer rights on Ebay?

katie85_2

Hi
3 weeks ago I bought a puppy playpen for £40 on ebay. The seller is a shop and sells lots of these. However it is extremely hard to put up and keeps falling down (it's one of those foldable ones).
I persisted with it hoping that it would improve but it's just horrible. I finally emailed the seller last night telling them that I would like a full or partial refund as it is faulty.The seller responded saying they could not give me a full refund as I have had it for 3 weeks,(even though they day I bought it I informed the seller there was a fault) but they offered me a £9 partial refund.
I just don't think this is enough for something that doesn't work, it keeps falling down and my pup can climb out. Can I respond asking for a full refund as it has been less than 4 weeks? and if so, can I claim back the shipping costs of returning it?
Thanks!

KeithP

You may find this OFT leaflet about Distance Selling Regulations useful.

You may also need to refer to the Sale of Goods Act.

The_Pedant

What was the response to that initial email stating there was a fault?

You are outside of the time period allowed under the DSR. Therefore, in my mind, it comes down to the Sale of Goods act and whether or not you are deemed to have accepted the goods.

As you did raise 'a fault' initially. The question is how this was followed up? Did the seller reply? Did you have any suggested resolution or other instructions from the seller. The fact it may be 'hard to put up' should only be an issue if it clear does not appear to go together correctly is the instructions are followed. Provided it is able to be assembled correctly then the key question is does it then stand up and perform the job for which it was intended (taking into account cost etc)?

If you are saying the goods are not fit for purpose intended or of suitable quality, then in light of the original email highlighting the issue then I would say you may well still have good grounds to pursue a claim for a refund refund under the provisions of the Sale of Goods Act. After all, a 'puppy playpen' that does not stay up is hardly able to perform its intended role.

pinkshoes

As you bought it on ebay, you can open up an "item not as described" dispute, and tell them that the item is faulty, and that the seller, despite being a business, is refusing to refund.

You will have to return it tracked at your own expense.

cyberbob

Open a dispute now you only have 45 days from sale to do this. You will have to return it tracked at your expense but paypal will refund your full original cost.

AndyAndyAndy

pinkshoes wrote: »

You will have to return it tracked at your own expense.

WRONG, you may initially have to pay this cost yes but you can then claim it back from the retailer as it is due to a fault.

If they refuse then there is a template letter to get it out of them here 6 posts down by "gyzmo" it is their legal duty to cover reasonable costs associated with returning the product although it may be worthwhile ensuring they are aware of this beforehand to make it easier for you.

Don't be scared of them or scared of taking it all the way to the court. They'll most likely want to avoid going to court as they know they'd lose and incur court fees.

cyberbob

AndyDent93 wrote: »

WRONG, you may initially have to pay this cost yes but you can then claim it back from the retailer as it is due to a fault. .

Technically yes but how do you enforce this? Paypal only refund your original payment they cannot refund money that hasn't been paid. So if the seller is unwilling the chances of getting return postage back are zero. Unless you want to take them to court which would be silly

cyberbob

AndyDent93 wrote: »

Don't be scared of them or scared of taking it all the way to the court. They'll most likely want to avoid going to court as they know they'd lose and incur court fees.

Your being silly in small claims court fees are not awarded. Without an independent assessment on the item (which would cost) you could not prove that the problem with the item was the seller or manufacturer problem. It would be quite ridiculous to take them to court and you would not guarantee winning

AndyAndyAndy

At small claims you pay £30 for the privilege but if you win it's refunded, I thought that came from the other side as they had lost?? maybe not but the point wasn't that she should take paypal to court, I agree that is foolish. But why deal with paypal if you could get a better deal from the seller? If he is "a shop" as the OP states then he is bound by the same laws as every other UK based shop on the internet. I realise that paypal is used by ebay and has a seperate system for claiming money back but you have a valid case to recieve a full refund from the seller including any cost of postage back to them.

I wouldn't even suggest that she should take the seller to small claims court but the threat of the action should be enough to convince the seller that they need to refund you. If the goods are inherently not fit for their intended purpose then you're protected by the Sale of Goods act.

Slate away if you don't agree with the course of action but you can't deny it is legitimate.

toffe

cyberbob wrote: »

Your being silly in small claims court fees are not awarded. Without an independent assessment on the item (which would cost) you could not prove that the problem with the item was the seller or manufacturer problem. It would be quite ridiculous to take them to court and you would not guarantee winning

actually bob, if you issue a claim via the small claims court the court fees are automatically added to the amount being claimed.

Best not to call people names unless you know what your talking about, thats not a dig at you, but you called this guy silly and he was right and you were wrong, now you look double silly.

Drop the name calling.