Ebay item not as described, where do I stand?

Shrimply

Hi guys,

Wondering if you can offer any advice, I just received an item from ebay, it was cheap for what it was, so this is probably my own fault, but it is a big ebay seller so it could just have been old stock.

Anyway it was one of these

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=290566012904&clk_rvr_id=234699810379

Umm, and I mean I could tell when it arrived it wasn't new, but the corroded batteries inside really gave it away.

I'm not really sure where I stand here, I've emailed the seller, but I think they will want me to pay to return the item. (It bizarrely came recorded delivery - £3.25, which in itself seems strange for free delivery on a low priced item)

What are my options, is it best to put it down to experience, and just forget about it ( hate to do this cause I'm poor enough as it is but I think this could all be more hassle than it is worth).

Thanks

halibut2209

He is a business seller, so if the goods are faulty then he is liable for the return costs

In this case under DSR you would be liable for return postage as he states that.

I'd suggest contact them, informing them that it was not new, as described. See what they offer.

Oliver14

halibut2209 wrote: »

He is a business seller, so if the goods are faulty then he is liable for the return costs

Enforcing it though is another matter though.

The seller is a TRS so hopefully will want to protect this. Contact them and see what they respond with.

hollydays

Could it have been new, (ie unused)but aged.

Shrimply

And how often you you receive goods with the batteries all ready inside them?

Thanks for the advice guys, I have contacted them, will see what they say and let you know.

I imagine that it will work, with a little bit of a clean up and some wire wool, but I'm not messing about with it just now, will leave it as it is and take some pictures

Shrimply

Why I am annoyed...

wealdroam

Seller does say "30 days no quibble return".

But by the time you have paid return postage it's probably not worth it.

PZH

Well, it certainly does look new to me. Like you correctly state - what new item comes with batteries already in ?

Looking at the feedback - although they have over 13000 sales in one month and only 51 negatives - a lot of the comments are along the lines of..

"Seller doesn't reply to my message"

And where the seller has responded to negative feedback it seems to be a cut and paste message...

"please contact our customer service department"

But, I agree with wealdroam - probably not worth the hassle of retruning it.

Shrimply

Thanks Guys,

I will wait for a response, I'm actually pretty disappointed, because despite the obvious problems, its actually a really nice feeling piece of kit, well built etc.

Not that I am going to persue it, but surely this is different from a faulty item, where neither the seller or the buyer is really at fault.

I mean they must of known these items weren't new- Someone's went to the trouble of putting a set of batteries in the box etc.

No other feedback up for this item as I can see yet - which is a surprise, I always like to contact the buyer to try and sort out any problems before I leave feedback, but I seem to be in the minority.

wealdroam

wealdroam wrote: »

Seller does say "30 days no quibble return".

But by the time you have paid return postage it's probably not worth it.

Building on that, the description also says...

If the product is faulty please refer to the manufacturers warranty it is normally the quickest and most efficient way of sorting the problem out. If the product is faulty then you can also return it back to us within 14 days of receipt as per your statutory rights.

So all you have to do is convince them the thing is faulty to get all your money back.
But as someone said earlier... just try enforcing it.

It goes on to say...

If you decide you do not want the product you can return it back to us within 30 working days of you receiving it, providing the product is unopened and returned with its original packing and contents that came with it, a full refund will be given less postage costs and 15% restocking fee. Please let us know prior to returning the product and we will assist you as best we can.

Well Distance Selling Regulations allow them to insist that you pay for the return of the thing to them. As they have mentioned that before your made the purchase.
So using your earlier figure, that is £3.25.
DSRs do not allow a restocking fee, but overlooking that for the moment, they will charge 15%... probably £0.90.
looks like they would also deduct the outward postage, again not allowed by DSRs, £3.25.

So it would cost you £3.25 to send the thing back,
Your total outlay has now become £9.24.

They refund you £5.99, less outward postage £3.25, less restocking fee £0.90.
The refund is £1.74.
And that assumes packaging is no cost.

Your outlay has now become £9.24 less £1.74 = £7.50.
And you have no speakers.

Of course that is not right.
You are entitled to a total refund of all monies paid, but again... is the fight worth it?

easyhost

i have had dealings with this ebay seller before, i purchased a Voip phone from them which they stated was win 7 compatible (bt softphone), but after i got it i found out the buttons did not work and when i went onto the directed BT link to download the software to use this it clearly stated that BT softphone does not work with windows 7. he refused to refund me until i reported the item and him to Ebay with a link to the BT site and he was forced by ebay/paypal to refund me