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Consumer Protection (Distance Selling) Regulations 2000
foggy01.1983
Posts: 14 Forumite
Hi not sure if this is the right section or not.
I recently bought an item from ebay and it was not as described. A local garage said it would catch fire or cause extensive damage if fitted and thats if they could even get the fairing to fit.
I escualted the claim to ebay who say im right and that I am entitled to a full refund excluding the postage costs to return the item.
My understanding is that i am pretected under Consumer Protection (Distance Selling) Regulations 2000 and a paragraph that states this is ''In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason. ''
I have phoned ebay who say that the seller isnt entitled to pay the return postage and the distance selling regulations on their site dont say this. I tried saying that the regulations they have on their site are not the full regulations, but they dont listen.
Does anyone have any advice on what to do and how to proceed?
They also say I have 10 days to return the item from now or I will not be entitled to any refund at all. Surely this isnt right.
Many thanks in advance Steve
I recently bought an item from ebay and it was not as described. A local garage said it would catch fire or cause extensive damage if fitted and thats if they could even get the fairing to fit.
I escualted the claim to ebay who say im right and that I am entitled to a full refund excluding the postage costs to return the item.
My understanding is that i am pretected under Consumer Protection (Distance Selling) Regulations 2000 and a paragraph that states this is ''In certain circumstances the supplier may charge the consumer for the cost of the supplier recovering the goods (e.g. where the consumer fails to return them). To do so, the contract must specify that the consumer is under an obligation to return the goods if he or she cancels the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel. The costs cannot be passed on to the consumer where the goods are returned because they are faulty or do not comply with the contract for some other reason. ''
I have phoned ebay who say that the seller isnt entitled to pay the return postage and the distance selling regulations on their site dont say this. I tried saying that the regulations they have on their site are not the full regulations, but they dont listen.
Does anyone have any advice on what to do and how to proceed?
They also say I have 10 days to return the item from now or I will not be entitled to any refund at all. Surely this isnt right.
Many thanks in advance Steve
0
Comments
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The only cost effective way is to use Ebay/Paypal to your advantage and return the item via a courier, giving online tracking. You will be reimbursed your FULL initial payment, but no, Ebay will not force them to pay returns postage. You have 45 days to raise a dispute on Ebay/Paypal.0
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But surely this is wrong though? Its a law thats set down to protect consumers and if people choose when and where to follow there is no point in having the law in the first place0
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But to enforce law you may need to take appropriate action, this is costly and time consuming, usually both. You have Ebay on your side, so use it. A courier should cost less than a tenner, depending on the size of the item.0
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full motorbike fairing to go back to china LOL postage is going to be expensive0
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foggy01.1983 wrote: »But surely this is wrong though? Its a law thats set down to protect consumers and if people choose when and where to follow there is no point in having the law in the first place
Yes its wrong but the question is how are you going to enforce it? You could personally take them to the small claims court yourself is that worth it for the return postage?
Do as TOWIU says and also report the seller to your local trading standards. If there are multiple complaints about this company they may take action.0 -
foggy01.1983 wrote: »full motorbike fairing to go back to china LOL postage is going to be expensive
As it's a chinese seller you havent got much choice then. There's a reason it was that cheap UK law does not apply overseas
So my comments about TS don't apply now.0 -
as this has been esculated I cant even contact the seller. Ebay have now taken control so doesnt that make ebay liable ?0
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Well I don't know what size or weight a fairing is, it is a biscuit from down here! However, you are not going to be able to send it back via an online trackable method, which is what Ebay/Paypal require - nothing else will do.
Was it expensive? As you have lost your money I'm afraid.0 -
foggy01.1983 wrote: »as this has been esculated I cant even contact the seller. Ebay have now taken control so doesnt that make ebay liable ?
No Ebay are not liable. They have ruled that if you return it (via an online trackable means) you will be refunded.0 -
EBay is only a 'venue' and can afford good lawyers. You took a chance buying from China, it didn't work out. Your best bet is to sell on.0
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