Received damaged item - so out of pocket?!

pug_in_a_bed

Perhaps ask once more for a refund on return, no joy then raise a dispute now for SNAD, you must return the item tracked, special del. if over £41.

Crowqueen

I think you need to email the seller a link to those OFT guidelines you found. That might help you.

If they are selling a lot of similar new items, then yes, they probably are an unregistered business.

RFW

For faulty items, not only does the seller have to pay for the return the buyer can also insist that the seller has the item collected or at least funds its collection before return.

This is easy enough with higher value items but more difficult with lower value items as its harder to legally enforce.

If purchasing something online (or anywhere) that is not advertised as faulty and did not become faulty as a result of the purchaser's handling the buyer should never be in a worse position than they were before they paid for it.

Trading standards would be able to help further.

furryturnip

RFW wrote: »

For faulty items, not only does the seller have to pay for the return the buyer can also insist that the seller has the item collected or at least funds its collection before return.

Thanks - that's really helpful. Do you know what law covers that? I've looked through various bits of legislation but can't find the right bit to quote... I've probably missed something really obvious!

I've written again asking for a full refund and return postage if they'd like the item returned.

Kite2010

If they don't move on their position and claim it's not their fault for damaged goods, raise a dispute with paypal for SNAD.

[Deleted User]

ask and most of the time in my experience they do issue a refund for the postage cost

pug_in_a_bed

The problem is ebay don't enforce this; if you open a snad you will have to return tracked at your own cost, you will be refunded only the item cost and your original postage.

I suspect you will have a very hard time getting the seller to refund return postage, although a good seller would, especially as its been broken in transit

furryturnip

I emailed the seller asking for a refund, with a link to the OFT website and got a reply saying not to worry about returning the item as she'd put a replacement in the post...

Not quite what I asked for (and am legally entitled to), but it's a quick result and I didn't have to pay extra for something I no longer want anyway!