Damaged goods, Ebay, Paypal and the Distance Selling Regulations.

soolin

The seller is wrong in saying no returns and that does mean a lot of naive or new buyers will wade in with aggression and go straight for a claim- however it is difficult to have sympathy for a buyer who doesn't even give a seller a day or two to make it right.

OP, I think you've rather shot yoruself in the foot here but as has been said already paypal will require you to return the item- fully tracked to get your refund, and they cannot enforce a seller repaying the return postage. I see no reason for you to phone paypal about this in the morning, or ever, you've started the case so you'll just have to run with it now.

However on the off chance the seller si reading this and OP leaves poor feedback I would strongly suggest seller goes for the'malicious bidder' appeal to get any poor feedback removed. I think buying recieving and going to a full appeal in a couple of days would be considered an unusual bidder and worth appealing poor feedback.

PsiDOC

That's the point my head is out of the sand. Hence doing it this way after being shafted before.
The problem should never arisen in the first place so shouldn't have required tackling.
As I said before the DSR is on my side. So will call paypal in the morning and if no joy there I guess an online small claim will be filed.


** Edit**
Apologies Soolin we cross posted. Thanks for the constructive comments. It's done and I will do it again. It's how I do it and it won't change.
RE: Feedback I hadn't even thought about that as of yet.

theonlywayisup

You knew the answer, what you don't appreciate is that it's also you in the wrong.

I pity the seller. As soolin says, they are very likely to have some redress with eBay for any detrimental feedback you may leave as you have been completely unreasonable.

How many replies do you need to hear......perhaps just the one that agrees with you?

soolin

Originally Posted by PsiDOC
That's the point my head is out of the sand. Hence doing it this way after being shafted before.
The problem should never arisen in the first place so shouldn't have required tackling.
As I said before the DSR is on my side. So will call paypal in the morning and if no joy there I guess an online small claim will be filed.

Thanks for being absolutely no help at all in answering the original question.

Which bit have you missed? I believe all your points have been answered at least once:

Quote:
Under the DSR I believe I am entitled to the postage fees to be compensated to me as it was damaged goods and seller is registered with ebay as a business.

Yes you are entitled to return postage but no paypal cannot enforce this. This is not an ebay thing , just go read the vent and warning board and see how many large chains also don't pay return postage.

Quote:
Quote:
However will Paypal recover said postage fees and compensate me?

No they won't

Do I need to call paypal and argue this point before I post this thing back?

No point at all unless you want to spend more on phone calls

Incidentally I believe small claims costs £35 to register online and seller will have the chance to insist that any hearing be at his local court.

theonlywayisup

PsiDOC wrote: »

** Edit**
Apologies Soolin we cross posted. Thanks for the constructive comments. It's done and I will do it again. It's how I do it and it won't change.
RE: Feedback I hadn't even thought about that as of yet.

Then don't expect your sellers to change.

bris

PsiDOC wrote: »

As I said before the DSR is on my side.

Just for the record, DSR has nothing to do with this, this is a SOGA matter.

DSR deals with unwanted items bought at a distance, and they can be sent back for any reason, as it's a right to inspect the goods at home as you would in a shop. Also under DSR if the seller has provided you with the relevant info (which most do) then the return postage costs are the buyers problem, so no, under DSR you wouldn't be entitled to your return postage costs back.
But under SOGA you would.

shaun_from_Africa

I bought a remote controled mini helicopter that came yesterday with packaging in good condition however one of the wheels was broken off and not in the box so it didn't happen in transit and obviously had happened before hand.

You obviously haven't considered the possibility that the seller didn't know about this damage when they sent the goods or that they may have had them delivered by a 3rd party (dropshipped).
Not every seller will have the time or opportunity to open every package that they have to inspect goods, and the damage may well have occurred long before the seller took possession of the helicopter.

However will Paypal recover said postage fees and compensate me?
Do I need to call paypal and argue this point before I post this thing back?
What should I do as I feel I should not be out of pocket by any means.

There's not much that you can do now. If you had been a bit more courteous and at least given the seller the chance to put the matter right before jumping straignt in to a dispute, then the question of return postage costs may never have arisen.

marie-20

As a business seller I have never asked anyone to return a faulty item as generally the costs involved outweigh the gain however I have never had anyone open a case against me and if they had before contacting me I would think twice about refunding for the returns postage as they would have wrecked my opened cases without me having any chance of resolving the issue.

I think that it is VERY unfair of the OP to tar every seller with the same brush as the odd one that you've had a problem with as the majority of sellers are good ones!

As someone has said before if you've done this many times then maybe you need to think about not buying on eBay as you would be one of the most unluckiest buyers to repeatedly have problems!

Good luck with the small claims route

sharpy2010

marie-20 wrote: »

As someone has said before if you've done this many times then maybe you need to think about not buying on eBay as you would be one of the most unluckiest buyers to repeatedly have problems!

Or maybe just one of the most unreasonable.

marie-20

sharpy2010 wrote: »

Or maybe just one of the most unreasonable.

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