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Seller sent wrong item, what to do now?

Hi, I'm just checking what I need to do, as this has not happened to me before.

I bought a new item on e-bay from a trade seller. I had explained that I needed it urgently and she did send sent it out quickly, but unfortunately she send out the wrong one (it doesn't match either the photo or the description). I have e-mailed the seller tonight - she has asked me to return the item and said that she will try to resolve the problem. However I can't wait for her to send out a replacement, so I will have to go to the shops tomorrow.

So I am going to need a refund - which the seller hasn't offered.

My question is, in these circumstances can I expect a full refund including postage (I understand that my return postage is not refundable)

Also, do I need to open an 'item not as described' dispute, or should I make it clear to the seller that I expect a refund and give her chance to do this before opening a dispute - I definitely do not want her to send me a replacement as it is an expensive item and I don't want to end up with two!

Also, is recorded delivery sufficient or should I send it special delivery?

Apologies if these are daft questions - I haven't experienced this before.

Many thanks in advance for your advice.
I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.

Comments

  • anymeans
    anymeans Posts: 54 Forumite
    Always open dialogue before filing a dispute, most problems can be solved without the need to make a claim. Explain that you no longer require the item as you needed it before "x" date and the mixup means you've had to go get one locally, and could you please have a full refund instead of the new item.

    If you used "buy it now" to purchase the item you can return the item within 7 working days for a full refund under distance selling regulations anyway, it's your right, so exercise it if the seller isn't willing to refund the purchase, I would have thought concidering it was their mistake and you told them you needed it by a certain date beforehand, that they will do this willingly, never know though :o

    Recorded delivery will be sufficient.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Thanks for that. It was an auction, not a BIN, but given that it is not as described and the time constraint that she was made aware of, I'm hoping that she will just agree to refund.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • soolin
    soolin Posts: 75,238 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    anymeans wrote: »
    Always open dialogue before filing a dispute, most problems can be solved without the need to make a claim. Explain that you no longer require the item as you needed it before "x" date and the mixup means you've had to go get one locally, and could you please have a full refund instead of the new item.

    If you used "buy it now" to purchase the item you can return the item within 7 working days for a full refund under distance selling regulations anyway, it's your right, so exercise it if the seller isn't willing to refund the purchase, I would have thought concidering it was their mistake and you told them you needed it by a certain date beforehand, that they will do this willingly, never know though :o

    Recorded delivery will be sufficient.

    recorded will definitely NOT be sufficient. Firstly it rarely shows as delivered and secondly OP mentions this is an expensive item and of course standard mail only covers up to £41 if lost en route.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP I would be asking the seller for the return postage to be paid as it was her mistake. It may be cheaper to send back by courier if it's a heavy item, do make sure that you have adequate insurance for the replacement cost & keep your certificate of posting until you have your refund.
  • You are entitled to a full refund inc your original postage costs. A good seller will refund your return postage cost too as it was their fault. If they don't, remember to leave appropriate feedback.
    Please don't open cases though without at least giving the seller a chance to resolve, cases count against sellers now, 3 and they are looking at trouble. I'm already now on 2 because of buyers going straight to dispute for missing in the post items!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Thanks to everyone for your advice.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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