URGENT! Ebay rules/consumer rights on 'faulty' item

shelleywa

Hi All,

I feel like I'm stuck in the middle a bit here and wonder what the best course of action to take is.

I bought an item off of Ebay from a Business seller. I didn't like the item, so re-sold it on Ebay as a personal auction. Now the buyer is saying that the item is faulty but as far as I was aware the item was in perfect working order when I sold it on.

We both have 100% positive feedback and he seems like a genuine guy, so I have agreed to give him a full refund for return of the item and, if on receipt it IS faulty, I can then send it back to the guy I bought it from for a full refund.

My buyer also wants me to pay the return postage cost.

(1) Am I legally/Ebay rules bound to do this for a genuinely faulty item?

(2) If the buyer sends the item back and it IS faulty, and I return it as faulty to my seller, am I legally/Ebay rules bound to demand he pays return postage so that I am not out of pocket?

(3) If the buyer sends the item back to me and it turns out to NOT be faulty, where do I stand then? Can I report him for lying? And get my postage amount back, so that I'm not out of pocket?

I'm just worried that I've already paid £10 for the delivery to me. If I pay delivery BACK to me also and it turns out the guy was lying, I'm worried I'll end up £20 out of pocket with no leg to stand on.

I need to either issue the refund or argue the case today... eek!

Any suggestions will be gratefully received! Thanks.

stsarina

You'd get more replies over on the Ebay board I expect, but basically;

1) No
2) No
3) Afraid not - all the buyer needs to do to get a refund is to prove delivery or attempted delivery back to the seller (you) regardless of the condition. Unfortunately, it sounds like you will end up out of pocket on this I'm afraid unless the business seller is very sympathetic indeed.

By the by, how long ago was the original transaction? (when you purchased it) Was it less than 45 days ago?

custardy

shelleywa wrote: »

Hi All,

I feel like I'm stuck in the middle a bit here and wonder what the best course of action to take is.

I bought an item off of Ebay from a Business seller. I didn't like the item, so re-sold it on Ebay as a personal auction. Now the buyer is saying that the item is faulty but as far as I was aware the item was in perfect working order when I sold it on.

We both have 100% positive feedback and he seems like a genuine guy, so I have agreed to give him a full refund for return of the item and, if on receipt it IS faulty, I can then send it back to the guy I bought it from for a full refund.

My buyer also wants me to pay the return postage cost.

(1) Am I legally/Ebay rules bound to do this for a genuinely faulty item? under eBay rules you will be required to refund the buyers full payment,however if its faulty you may wish to consider the buyer is out of pocket for the return postage

(2) If the buyer sends the item back and it IS faulty, and I return it as faulty to my seller, am I legally/Ebay rules bound to demand he pays return postage so that I am not out of pocket? ebay rules,no. DSR yes but you have little way of enforcing it

(3) If the buyer sends the item back to me and it turns out to NOT be faulty, where do I stand then? Can I report him for lying? And get my postage amount back, so that I'm not out of pocket? report to who?

I'm just worried that I've already paid £10 for the delivery to me. If I pay delivery BACK to me also and it turns out the guy was lying, I'm worried I'll end up £20 out of pocket with no leg to stand on.

I need to either issue the refund or argue the case today... eek!

Any suggestions will be gratefully received! Thanks.

under paypal rulers you have no choice
the buyer will be required to return the item to you
if they are smart they will use tracked postage
in which case PP will refund

shelleywa

stsarina wrote: »

By the by, how long ago was the original transaction? (when you purchased it) Was it less than 45 days ago?

It was 30 days ago I originally bought it.

In which case I will not refund the additional postage until I have seen the state of the item upon return. As I am sure it was not faulty. If it genuinely was faulty and I didn't notice I can credit the additional £10 later.