Item not as described - ebay resolution or paypal dispute?

mk_78

I purchased an item from ebay that was faulty, the seller has agreed to refund on return of the item but this has all been done through normal ebay messages rather than a formal ebay or paypal dispute.

If I send the item back (by courier which is trackable) and the seller doesn't refund as promised do I have any come back? Do I need to open a formal paypal dispute and then send back tracked to ensure I get the refund?

Edit: Seller is now ignoring emails so will have to open a dispute - title changed as not sure whether to go through ebay resolution centre or paypal dispute.

terra_ferma

You don't need to open a dispute, they are quite damaging for sellers, even just opening one can cause problems.
A good seller would refund return postage on returns, if you open a dispute they don't have to, just original item+postage cost.

You have 45 days to open a claim, if you don't get your refund you can still do it, as you can provide proof of delivery it should not be a problem.
There is a small chance you can lose the claim, but unlikely.

soapyjoe

In my understanding a business seller is expected to pay the return postage.

pug_in_a_bed

soapyjoe wrote: »

In my understanding a business seller is expected to pay the return postage.

a good seller would - but its not enforced by paypal or ebay

lovinituk

soapyjoe wrote: »

In my understanding a business seller is expected to pay the return postage.

Distance Selling Regs do require a seller to pay for return postage when the item is faulty. However making a seller actually pay for them if they don't want to is another matter. eBay/Paypal will not and can not force it. The only option would be small claims which for a few quid is really not worth it.

However, as said above the seller seems to be doing the right thing so far and if they are good will pay for the return costs anyway.

mk_78

Thanks everyone. The seller is not registered as a business account on ebay but clearly they should be as they are definitely a business, so the distance selling regs don't apply (although they should do).

I have asked that they pay return postage but they have not got back to me yet, if they refuse to pay return postage (the item is quite heavy so they probably won't be keen!) then I will mention the distance selling regs anyway and see what they say then.

Unfortunately I left positive feedback before I realised the item was faulty so I don't really have any leverage either. Not that I would mention feedback, just that they might think I would leave them a neg if they're not helpful.

lovinituk

mk_78 wrote: »

The seller is not registered as a business account on ebay but clearly they should be as they are definitely a business, so the distance selling regs don't apply (although they should do).

I think if it came down to it, the status of their ebay account would be immaterial if it could be shown that they are acting as a business.

mk_78

Unfortunately the seller has not provide a return address or said if they will cover return postage so looks like I'll have to open a dispute

Am I better off going through the eBay resolution centre or a Paypal dispute? I've read that Paypal is quicker but I'm worried that as I left feedback stating 'item as described' (before I blew bed up and realised it had a puncture!) that Paypal will rule in their favour whereas have read that eBay resolution often sides with the buyer.

liannee22

mk_78 wrote: »

Thanks everyone. The seller is not registered as a business account on ebay but clearly they should be as they are definitely a business, so the distance selling regs don't apply (although they should do).

I have asked that they pay return postage but they have not got back to me yet, if they refuse to pay return postage (the item is quite heavy so they probably won't be keen!) then I will mention the distance selling regs anyway and see what they say then.

Unfortunately I left positive feedback before I realised the item was faulty so I don't really have any leverage either. Not that I would mention feedback, just that they might think I would leave them a neg if they're not helpful.

you can follow up feedback if you need to x hope u sort it x