Ebay dissaster - item photo different

pippa0_2

Dear MSEs,

This is the sale advert: item 230599389811 from refurbished vaccum ebay seller.


It's a vacuum cleaner and looks in good order and says "fully reconditioned". The one I received yesterday is covered from head to foot in deep scatches, looks like it's been used in a hotel for years to me. :mad:


!!!! Looked at his previous feedback, I noticed he has used the same photo from a previous ad: 230591340916


I also emailed him before sale and he replied, I quote exactly "may have one or two surface cosmetic marks on it". It is a right mess! The only thing reconditioned is that it has a new bag fitted. :cool:


Anyway, the point is he will refund (was very rude about it tho) but not postage. I was under the impression that if you reject then the seller should refund all costs plus other costs such as the time it takes me to arrange a courrier and write emails when I should be working! Does the ebay user agreement override consumer law???? :money:


Also, should I contact trading standards and Ebay?


Many thanks for any advice!

soolin

Neither ebay or paypal can enforce the seller refunding your return postage but you still have the right to go to small claims if seller refuses.

I don't think you can charge for the time in finding a courier though or for your time.

soolin

Oh and can you please remove the sellers user name form this thread as it breaches the rules of this forum

pippa0_2

soolin wrote: »

Oh and can you please remove the sellers user name form this thread as it breaches the rules of this forum

OK didn't realise, done.

pippa0_2

soolin wrote: »

Neither ebay or paypal can enforce the seller refunding your return postage but you still have the right to go to small claims if seller refuses.

I don't think you can charge for the time in finding a courier though or for your time.

Doesn't the law protect me from being out of pocket? I have to package the thing, write emails, gather evidence, plan for a courier, take time off to go to depoy etc.

I shouldn't bother I know but it the principle! :A

soolin

pippa0 wrote: »

Doesn't the law protect me from being out of pocket? I have to package the thing, write emails, gather evidence, plan for a courier, take time off to go to depoy etc.

I shouldn't bother I know but it the principle! :A

Distance selling regs require seller to refund your postage, but not to compensate you for your time.

You can risk formally refusing the item, in writing and telling seller that you expect it to be collected and a full refund made, but you need to consider whether you are prepared to go to small claims, and waste more time trying to get that enforced.

hermum

Just a little aside, I see that they are a business but not registered as such. That's against ebay rules.

pippa0_2

soolin wrote: »

Distance selling regs require seller to refund your postage, but not to compensate you for your time.

You can risk formally refusing the item, in writing and telling seller that you expect it to be collected and a full refund made, but you need to consider whether you are prepared to go to small claims, and waste more time trying to get that enforced.

But I wouldn't be using distance selling regs, it would be SOGA wouldn't it?

I found this:
http://reviews.ebay.co.uk/Trading-standards-guide-for-eBay-UK-business-sellers_W0QQugidZ10000000001927458
It says I can claim for other costs????????????

theonlywayisup

pippa0 wrote: »

But I wouldn't be using distance selling regs, it would be SOGA wouldn't it?

I found this:
http://reviews.ebay.co.uk/Trading-standards-guide-for-eBay-UK-business-sellers_W0QQugidZ10000000001927458
It says I can claim for other costs????????????

But as has been pointed out, Paypal and Ebay will enforce a refund of your original payment (inc postage) only, not the returns postage.

If you are already moaning about your time, imagine what it would be if you decided to go with SOGA or DSR?

Paypal and Ebay give you 45 days. Use it or lose it. But you do have to send the item back via an online trackable means.

pippa0_2

theonlywayisup wrote: »

But as has been pointed out, Paypal and Ebay will enforce a refund of your original payment (inc postage) only, not the returns postage.

If you are already moaning about your time, imagine what it would be if you decided to go with SOGA or DSR?

Paypal and Ebay give you 45 days. Use it or lose it. But you do have to send the item back via an online trackable means.

If you have spent over a 100 pounds on a pile of rubbish and the seller was being rude you'd understand why I want to see justice. But thanks for the input.

Widelats

pippa0 wrote: »

If you have spent over a 100 pounds on a pile of rubbish and the seller was being rude you'd understand why I want to see justice. But thanks for the input.

That would annoy me, i would hand deliver that hoover back to him and demand a refund there and then, but i think you will have to go through paypal.

i understand why your angry about it it was a calculated sale using a duplicate photo, but you got to watch out for these guys on eBay, from his feedback is is very rude when not getting his own way - i would have bought a standard hoover from Argos at half the price guaranteed for 3 years, brand new and completely avoided eBay for appliances buying.