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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
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Comments
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Ebay are seperate from the seller. You are not at current claiming under the DSR and have possibly lost the right to do this. Finally was the seller a business.0
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yes he was0
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You won't get a different response for the same question by posting it twice.
Your seller is in China. Ebay have told you to return the item via an online trackable method for a refund. You are unable to do this. You have therefore lost your money.0 -
theonlywayisup wrote: »You won't get a different response for the same question by
Your seller is in China. Ebay have told you to return the item via an online trackable method for a refund. You are unable to do this. You have therefore lost your money.
Erm not looking for a different responce and its nice of you to jump to that conclusiin.
I posted in the ebay section then noticed that it was more appropriate in this section!
If I could remove a thread I would.0 -
foggy01.1983 wrote: »Erm not looking for a different responce
Then you won't be disappointed.0 -
About my fairing yes I am considering how much money I have lost.0
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foggy don't take any notice of upy. He's one of those trumpets who thinks it's really cool to abuse new members and expects them to know every single rule when they join up.
I'm sorry to hear about your experience but Chinese merchants are, in the main, a bunch of scammers.0 -
foggy01.1983 wrote: »About my fairing yes I am considering how much money I have lost.
Did you pay by credit card? If so involve them if the item was over £100. as they are "‘jointly and severally liable’ ", WHICH
Before anyone says overseas purchases don't count, see WHICH;-
"Items bought overseas are also covered under section 75 of the Consumer Credit Act"
.Don`t steal - the Government doesn`t like the competition0
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