eBay Refund Issue (not what you're thinking)

wangtastic

I recently ordered some bits on eBay but my debit card was refused (due to the bank flagging it for fraud) so I paid off the credit card instead (despite being with the same bank...go figure)

The payment went through fine and I thought that was that.
Then I received an email an hour later (1/2pm) saying the transaction was "refunded due to the goods no longer being available" checked my eBay and PayPal and both showed the refund

I was damn annoyed by this point and thought blow this I'll just buy it elsewhere.
I then received an email saying the goods had been dispatched at 9pm the same day.
I assumed it was one of those auto-emails that gets sent out on a timer by the company (we use them at work) never-the-less I kept it as I was a bit wary

The next day my goods turned up while I was out. (big thanks to DHL for leaving the box with my neighbour and NOT leaving me with a calling card)
I immediately checked eBay and saw that I hadn't been re-charged or anything, so I contacted the seller to say what had happened and that I didn't want the item.

I got an email in response that says (roughly) "item must be paid for, you cannot cancel now item has been shipped" blah blah...

I said I have no need for the item and I could happily return it at their expense (postage is actually more than the item!)

They were not happy with this and demanded immediate payment or they would "proceed to file legal proceedings" lol

I can understand why, the item weighs a lot and is custom cut. However I already have one and don't need two!

My question is - am I right in thinking I have done everything correctly and above board by offering to send it back at their expense and refuse payment. I would have refused delivery if I had been in!
I haven't opened the box so I could send it straight back if they want.

Cheers
Steve

halibut2209

Are they a business seller? A lot more clear cut if they are.

forgotmyname

Its custom cut. So wouldn't that be exempt from distance selling?

Buts its ebay so none of that counts anyway. Ebay are above any laws.

timbo58

custom made items are exempt from the distance selling regulations as forgotmyname says.
and also as they say: ebay will side with you as they are f**kwits.

wangtastic

They are a business seller yes

I would have thought DSR's are totally useless as the item was refunded so I assume this completes the contract, then to start a new contract they should have just asked me to pay BEFORE shipping the goods surely?

Like I said I bought elsewhere and am more than happy to return it albeit at their expense.

cheers

halibut2209

I would say let them sue. If they told you the item was not available and refunded you, that completed the contract.

pinkshoes

Send them an email:

Dear <Ebay Seller's Name>

On <date> at <time> I ordered and paid for <goods>. At <time> on the same day, you emailed me to tell me <item> was no longer available, and you refunded my money.

As I needed <item>, I then ordered it from another company.

On <date>, you sent my <item> by mistake. I do not have any need for this item, so if you would like it back, please arrange a courier to pick it up, or send <amount> by paypal so that I can return it to you.

Kind Regards,

<you>

It should be treated as unsolicited goods, as they cancelled your order and refunded you.

ThumbRemote

Ignore any talk of DSRs. You have no contract with the company, as they closed/completed the previous contract by refunding you. As pinkshoes says, get in touch and state whats happened. Personally I'd not offer to courier it back myself if they sent the money (if it got broken I suspect it would then be down to you to sort out) - just tell them to send a courier to collect it, give a deadline of a months time at which point you will assume they no longer require it and will dispose of it.

wangtastic

Ma any thanks guys I followed all your advice and contacted ebay who said that the contract was null and not to worry.

Flyboy152

timbo58 wrote: »

custom made items are exempt from the distance selling regulations as forgotmyname says.
and also as they say: ebay will side with you as they are f**kwits.

No they are not.

Flyboy152

ThumbRemote wrote: »

Ignore any talk of DSRs. You have no contract with the company, as they closed/completed the previous contract by refunding you. As pinkshoes says, get in touch and state whats happened. Personally I'd not offer to courier it back myself if they sent the money (if it got broken I suspect it would then be down to you to sort out) - just tell them to send a courier to collect it, give a deadline of a months time at which point you will assume they no longer require it and will dispose of it.

A very good post, except for the last bit. The OP does not have the right to simply "dispose" of the goods. He has a statutory duty to take reasonable care of the goods, potentially for the next six years. If, after a reasonable time, the seller had not responded to his requests and he was to sell them, he must give adequate notice to the other party and keep the money to send onto them.