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Ebay return postage rules fair?

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I recently bought a RC hovercraft as a surprise for my youngest son which had been listed as 'new' and described as in 'full working order'. However the description did say that the box had been 'damaged' but the item was un-used. Upon receipt of the item, I noted that the battery was inserted in the transmitter and it was obvious that there had been some useage although the general appearence was 'as described'. But when we came to use it, the lift fan did not work at all. Cut a long story short, I eventually returned the item at a cost of almost what the thing cost me in the first place, having to pay the postage and purchase some parcel paper. The seller refused to refund me for this so I 'opened a case' through Ebay and this resulted in me only getting a refund for what I originallly paid. So it ended with me being nearlly 10 quid out of pocket! apparently this is within eBays's rules. Dosnt't seem right that you should be out of pocket when a seller has wrongly described an item as being 'new' and in 'full working condition' when it isn't. Then the seller has a go at me for leaving neg feedback!!

Any thoughts?
PLEASE NOTE
My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.

Comments

  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    Ebay/Paypal can't take money off someone that wasn't originally part of the original transaction because it would leave them open to huge legal problems. So all they can do is refund the original payment.

    Good sellers though will refubd the return postage if it is their fault. I hope you have made your feelings on your seller known in FB and DSRs.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Tilt wrote: »
    . Then the seller has a go at me for leaving neg feedback!!

    Any thoughts?


    Tell them to suck your plums and you'll ask for the feedback to be removed once they refund your postage.
  • soolin
    soolin Posts: 74,139 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Interestingly Martin states in his consumer tips that a buyer should never assume they will get their return postage refunded:

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

    At least on ebay we can hammer the stars and feedback of shoddy sellers who don't do the right thing.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • macfly
    macfly Posts: 2,728 Forumite
    They are as fair as they can be. If you bought from any internet retailer who disregarded the law, it's left to you to pursue your rights. Ebay is the same. They can't recover anything not paid to the seller, how could they?
    Same as buying with a credit card. The company would recover your money if you were sold a dud, but leave it to you to enforce any other issues.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Thanks for the comments so far guys, yes I have left the appropiate feed back which I indicated I would if I was left out of pocket. Seller started to get aresy and invited me to phone him which I didn't think was a good idea. Always best to keep things in writing I always say. Since leaving the FB, the seller is saying that he 'want's to discuss this face to face' as he is going to be in my area next week. He has also replyed to the FB stating that I am an 'idiot'. Not bothered about discussing it face to face tbh but I will certainly think twice in buying under similar circumstances on ebay again! Too much hassle and left out of pocket!
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • the seller is saying that he 'want's to discuss this face to face' as he is going to be in my area next week

    Of course he is!
    It makes a change from the usual keyboard warrior battlecries of "I'm legally trained" or "my wife is a lawyer and this feedback is illegal and I'm taking legal action to get it removed".
  • Tilt wrote: »
    I recently bought a RC hovercraft as a surprise for my youngest son which had been listed as 'new' and described as in 'full working order'. However the description did say that the box had been 'damaged' but the item was un-used. Upon receipt of the item, I noted that the battery was inserted in the transmitter and it was obvious that there had been some useage although the general appearence was 'as described'. But when we came to use it, the lift fan did not work at all. Cut a long story short, I eventually returned the item at a cost of almost what the thing cost me in the first place, having to pay the postage and purchase some parcel paper. The seller refused to refund me for this so I 'opened a case' through Ebay and this resulted in me only getting a refund for what I originallly paid. So it ended with me being nearlly 10 quid out of pocket! apparently this is within eBays's rules. Dosnt't seem right that you should be out of pocket when a seller has wrongly described an item as being 'new' and in 'full working condition' when it isn't. Then the seller has a go at me for leaving neg feedback!!

    Any thoughts?

    I bought my husband a birthday present on ebay in july. when he opened it he said that parts were missing which would be needed to do the job.
    I contacted the seller numerous times but was ignored. after a few weeks i filed a claim,they eventually replied saying they would refund for the item but not the postage for £10. i argued that the listing wasn't accurate. to cut a long story short,three weeks later i won the case and was given full refund plus my postage costs and a label to download from ebay to send it back to seller. you have to keep on and don't let them fob you off. the sellers were adament that i wasn't getting postage back,but eventually all went well!:T
  • Tilt wrote: »
    Any thoughts?
    Yes, you're a mug to pay that for return postage, you should've asked on here for a cheaper courier before paying that!!!
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