Received damaged item - so out of pocket?!

furryturnip

Unfortunately I've received an item that I ordered on eBay, which appears to have been broken in transit. I've just looked at the seller's page and it says, "This seller accepts returns. The buyer pays for return postage."

Surely I shouldn't be out of pocket to return damaged goods? If I get a refund that doesn't include the return postage, should I raise a dispute with eBay? Would they support such a claim? Is such a claim legally enforcable? If it makes a difference, it looks like the seller is a business - they have dozens of items currently on sale, and a total feedback >750.

Also, when I read the eBay T&Cs when I signed up 6 or 7 years ago, I seem to remember reading that anything posted should be sent by trackable method (i.e. Recorded Delivery). If I send the goods back, am I required to send them recorded (and will it make a difference to my claim for the return postage)? Will I be covered if the goods go missing?

Or should I just lie and say that the goods haven't arrived? I hate the idea of lying, but it probably won't make any difference to the seller since the goods are genuinely damaged and the immorality of lying seems to balance with the immorality of not refunding return postage! I'd prefer to be honest, though.

Is it even legal to say "buyer pays for return postage" when referring to faulty items?

Sorry - so many questions! Thanks in advance for any advice!

zenseeker

Buyer pays for return postage, it's the rule set out by eBay unfortunately, so the seller is correct. And yes, sending it back by Recorded Delivery is the only sure way that you will get a refund.

If the seller is a business, then it's possible the rules are different, but I don't think so.

tryingtogetsolvent

contact the seller first and see what their response is. Maybe send a
pic of the damaged item, if they aren't interested open a dispute.

irishjohn

If the seller is a business they may be prepared to send a replacement on receipt of a photo of the broken item?

Thats some memory - signing up 6 or 7 years ago and being able to recall the T & Cs - you sure you didn't have a little peek at them before you posted? Go on fess up!!

I would suggest not telling non delivery fibs - its just not honourable

Crowqueen

You are within your rights to at least ask for it.

eBay and Paypal can't enforce it, but a good seller would refund, particularly on a damaged item. Contact them with a photo of the item and ask politely what they intend to do about it.

It is unlawful not to in certain circumstances; if it was a buy-it-now sale from a business seller they can't legally get away without paying for it to be returned if it is faulty, damaged or not-as-described. Some rights may also apply on auction sales. However, again, eBay and Paypal can't or choose not to enforce this, mainly because they can't take anything over and above the original amount from someone's account on the mere say-so of a buyer, though I think they should explore ways of enforcing it as some sellers assume stating this in their T&Cs renders the law irrelevant. It is only on change-of-mind returns that a seller has the option of refusing to refund return postage, but this would have to be enforced by taking legal action against the seller.

Personally if you showed me photographs of the broken item I'd just refund you and let you bin it.

furryturnip

Thanks for your suggestions. I'm hoping the seller won't ask me to return the item, but I wanted to get it clear in my head what I'm entitled to and what I want to happen to avoid any mis-communication!

I don't know how I missed it during my previous searches, but I've just come across a thread (which, as a newbie, I can't link to) entitled "My rights, faulty goods return postage?"). According to "A Guide for Businesses on Distance Selling", published by the OFT/DTI, it seems that if the seller is acting as a business and the item is faulty, they "will have to pay for their return whatever the circumstances" (section 3.57).

I'll let the seller know that the item is faulty and see what they say. I've no problem emailing photos. If they tell me to return the item, I'll let them know that this will sent Recorded Delivery at their cost.

Thanks again!

themull1

Ive had a refund before without having to send items back - just be nice.

Kite2010

I've had refunds for damaged items on production of a photograph

Just ask the seller nicely explaining the problem and chances are they will give you a refund without asking you to send it back, depending on value & stock levels they might send you a replacement instead of a refund.

furryturnip

Oh dear. I got a reply saying that the goods are only posted on the buyers behalf and therefore the seller can't be held liable for damage in transit (nonsense!), but in this instance I can return it at my expense for a replacement (I'd asked for a refund).

I wouldn't normally care, but I'm skint and if there are laws about this kind of thing I don't think it's fair that the seller should just ignore them.

I guess I only have these rights if the seller is considered a business. Is it safe to assume that someone selling so many items would legally be considered a business? And does the fact that I bought the item off eBay (as a "buy it now") make any difference to normal consumer legislation?

furryturnip

irishjohn wrote: »

Thats some memory - signing up 6 or 7 years ago and being able to recall the T & Cs - you sure you didn't have a little peek at them before you posted? Go on fess up!!

No - honestly! I have a weird memory like that, although it's never useful information I remember like people's names or the wife's birthday...

irishjohn

furryturnip wrote: »

Oh dear. I got a reply saying that the goods are only posted on the buyers behalf and therefore the seller can't be held liable for damage in transit (nonsense!), but in this instance I can return it at my expense for a replacement (I'd asked for a refund).

I guess you now have to consider the amount already spent and the additional costs to return the broken item for replacement. Was it expensive, not adfequately protected in your opinion? Can you write it off and forget it? I don't know what the laws would be but the trouble with most laws is that it costs even more to seek a legal solution. So its down to you to decide if you wish to pay out more to seek justice and a refund.

I would be inclined to politely advise that you feel they are responsible for inadequate protection for transit and you require a refund and then if necessary - raise a dispute and leave a negative comment - but I would not say this is your intention until you feel you will get nowhere by negotiation with the seller.