Damage Goods from Ebay.

Johno2090

Yesterday I received a small fish tank I bought thought Ebay it was sent out in the original packaging with no protection via a courier that states they do not accept "glassware". It surprisingly arrived broken, I contacted the seller and informed him of this where he offered me a full refund if I sent the item back to him but I would have to pay costs. However I can't find a courier that will allow me to send it back at a reasonable rate as it will need insurance (as its glass). This will cost me around 50% of the items price!!

I then notified the seller that this was the case and that the item was available for collection so that he could arrange a courier and if he wanted an uninsured courier it would be at his risk. I also told him that since the damage was only to the top corner it could still be used by him as a backup but that I would not be willing to accept the goods as they arrived. He offered me a partial refund (50%) and to keep the goods.

He has scaled it to a dispute on Ebay and I do not have much faith in them to be honest. Where do I stand legally? I'm aware that the Sales of Goods act (1979) states that on returning a damaged or faulty item I should be left in the same financial situation I started from as if I never bought the item. However he is saying this is not so as he is an Individual and not a seller (he has a rating of over 500 so he must sell a fair bit)

I would like a full refund and the tank picked up or postage covered to send it back.

Could someone please help shed some light on this dilemma?

sabz3008

He's actually quite right...To a certain extent...This is the problem with eBay - they're custards...with a b! - The customer service from them is ridiculous and they actually expect YOU to post back goods at your own expense...I've contacted eBay press office, head office (nightmare to find details) and they just don't answer my question as to how it's fair to do that...If you can live with the goods, take the 50% refund and leave feedback accordingly... Otherwise you're going to have to go through the long process of small claims if you want to get postage costs returned to you.

He's right about the 'he's an individual seller' ...You're actually quite lucky he's communicating with you well and offering you a 50% refund, many sellers are terrible on eBay and would outright refuse anything, leading to an eBay dispute where if you win, eBay ask you to send the goods back at your own expense...

Johno2090

Hmm its really not something I could live with as its broken glass. So I would have to post back at my expense even thought it states otherwise via law?

melancholly

Johno2090 wrote: »

Hmm its really not something I could live with as its broken glass. So I would have to post back at my expense even thought it states otherwise via law?

which law? did you buy from a private seller? SOGA doesn't apply to that. for online sales i think it's DSR that might be the best way to approach it anyway? in that case (private seller) you have as much protection as you would at a boot sale! my understanding is that this is how ebay operates, legally. it's a risk you have to take shopping there as opposed to a 'real' shop. i even think QVC makes you pay to send things back you don't want.

(although try the ebay board for the expert opinion)

sabz3008

I don't know how eBay get away with their policies to be honest...But actually what you could do is this:

Argue to the seller that as the goods arrived faulty it is he whom is responsible to collect the goods...If he continues to refuse, then escalate an eBay claim, they sometimes offer a contribution to sending the goods back...If you're still not happy with that, continue to take it further and tell eBay that they must enforce and send the money back to you off the seller and note the SOGA to them and see if they comply...But no promises there, as I've said - eBay customer services are awful!

STILL CONSIDER THOUGH
The seller is an individual seller and not a business seller, therefore the rules are slightly different

sabz3008

melancholly wrote: »

which law? did you buy from a private seller? SOGA doesn't apply to that. for online sales i think it's DSR that might be the best way to approach it anyway? in that case (private seller) you have as much protection as you would at a boot sale! my understanding is that this is how ebay operates, legally. it's a risk you have to take shopping there as opposed to a 'real' shop. i even think QVC makes you pay to send things back you don't want.

(although try the ebay board for the expert opinion)

QVC , or any company has the right to ask you to pay to send goods back UNLESS they're faulty. HOWEVER, - They MUST refund you your P&P regardless.

DSR does not apply to private sellers, SOGA does.

Johno2090

hmm as we speak they responded pretty fast, sided with the seller and said I need to send it back at my expense. Not impressed to be honest, could i just send it back 2nd Class regardless of how it arrives with the seller?

melancholly

well if it's already broken what harm can it do? although i'd suggest some form of recorded delivery so that they cannot deny receipt.

i guess the best way would probably have been to reject delivery because it was damaged? i don't tend to open packages as they arrive with the delivery guy standing there.....

Johno2090

hmm the courier and the website of the courier both advised to sign for the item even tho it was damaged and then to contact the seller.

sabz3008

Johno2090 wrote: »

hmm as we speak they responded pretty fast, sided with the seller and said I need to send it back at my expense. Not impressed to be honest, could i just send it back 2nd Class regardless of how it arrives with the seller?

You can send it back any way you like, BUT make sure it's a trackable service, so - Royal Mail 2nd RECORDED....


Try PARCELMONKEY or PARCEL2GO to see if it's cheaper to send through them (Google these)

melancholly

sabz3008 wrote: »

QVC , or any company has the right to ask you to pay to send goods back UNLESS they're faulty. HOWEVER, - They MUST refund you your P&P regardless.

DSR does not apply to private sellers, SOGA does.

cool - i was confusing in my addled brain returning things you don't like with returning things that weren't as described..... more caffeine required to avoid making silly statements