eBay refund farce. Am i right in what i've quoted?

Nine_Lives

I bought an item from a well known store who have an eBay account in mid December. It was a Saturday evening - so after any post. The item was 100 blank DVDs.
Later that night i found a stack of blank DVDs i thought i no longer had, so immediately emailed the seller via eBay explaining the situation, apologising for the mess about & saying i'd like to cancel the transaction & be issued a full refund.
I'd hoped i'd got there in time as i'd emailed them before they'd have chance to post the item off.

Anyway, the following Wednesday they replied telling me it was too late & i'd need to return the item myself.
Fair enough.

The item never arrived. I was going to give them 3 weeks IIRC & told them i'd keep them informed.
They emailed me after 2 weeks & i told them it'd still not arrived. Then just after Xmas they email to say they'd sent a replacement.

I was not happy at all - bearing in mind the original request of a refund!

So i email them telling them i'm not happy with the customer service provided. I then get advised to raise a INR dispute, which i do.

I'm told what rights i have, but only 1 person seemed to be helping my case & i don't like putting my trust in just 1 person. I research what they said & found the following link:

http://www.legislation.gov.uk/uksi/2000/2334/regulation/10/made

eBay say i can escalate the claim on 8th Jan. The seller says they can't issue a refund until 7 working days after the replacement was sent out (10th Jan).

So i update the dispute linking the seller to the above URL, saying it is my legal right to cancel the transaction & a replacement is not acceptable - and i am due a full refund.

As that is what i was advised is/was my right.


Have i put my foot in it, or was my advisor correct - that this is my right?

unholyangel

Yes that legislation is correct for your own circumstances (ie that you've bought from a business).

If the replacement turns up, refuse to accept delivery. All you need to do is inform the retailer of your intent to cancel within 7 working days starting the day after you receive the goods - although you may have longer depending on if/when they have complied with regulation 7 of DSRs. Obviously you have cancelled prior to this so you're fine there, in fact if you cancel prior to receiving the goods you can cancel and reject delivery (as above) and the retailer cannot treat this as breach of contract as the purpose of serving cancellation is to treat the contract as if it had not been made.

If the retailer tries to tell you that you didn't say you want to cancel under DSRs etc, draw them to (3) on the link you provided (regulation 10).

Nine_Lives

Thanks for that.

I don't know if you're allowed to name names here, but i would've expected better from this store. Their communication was disappointing - yet when i put the dispute in, it's funny how that made them answer a LOT quicker.

Also now that i've linked them to law, they've not yet replied. Probably considering their options on how to fire back at me i would guess.

They sent the item out no later than 4 days after i paid (or 3 if you don't count Sunday). I'm talking original item here, as this is when they replied to say it'd already been sent. I can't remember if there was a dispatched symbol in my eBay before this (the Mon or Tues) or not.

Do i really have to wait until 10th Jan now before i'm eligible (which factors in the replacement) or are we still working off the original time frame? eBay can also be a bit funny in their decision making, so although they say i can escalate early, i don't want to really & risk eBay tossing a coin & tails i lose.

arcon5

Under DSR the seller can take upto 30 days to issue a refund.

lovinituk

K_P83 wrote: »

Also now that i've linked them to law, they've not yet replied. Probably considering their options on how to fire back at me i would guess.

If its a large company then you are probably dealing with low level staff who have probably never even heard of DSR. By quoting legislation you may have caused the first line staff member to escalate it due to lack of understanding which may account for a delay in their next reply.

Nine_Lives

Perhaps.

They are "electronics specialists" their tagline says. Wikipedia says they have 180 stores in the UK.

pinkshoes

Ahhh, THAT electronics store, beginning with an M?

You should be able to escalate the INR case straight away. Perhaps give ebay a call and ask if you can do this, and tell them it was dispatched mid december.

Just refuse postage when the second one arrives.

Nine_Lives

pinkshoes wrote: »

Ahhh, THAT electronics store, beginning with an M?

That's the one.

Thanks for your help.

Markb06

Maplin then. What is it with people on here refusing to name companies?

Is it not allowed?

The_Pedant

Just an aside, but I'm assuming that all of the above was a 'buy it now' type of sale; as traditional auction sales are not covered by DSR.

pendulum

K_P83 wrote: »

I don't know if you're allowed to name names here, but i would've expected better from this store.

Well, nobody's perfect. You did after all order by mistake (incurring them costs by way of fees and staff time) - would you normally expect better from yourself or do you do these things all the time?

You're entitled to your money back, but you also deserve a bit of hassle to get it, to be honest.