Seller refuses to accept return of mattress

incesticde

Hi Folks,

I bought a mattress of ebay via a reputable seller (company not individual) using BIN. Mattress duly arrived, I took the outer layer off (left the plastic wrapping around the mattress on) and laid down on it and found it uncomfortable.

Contacted the buyer who said he was unable to accept the return as the item had been opened and thus he would be unable to sell it.

What's the score with this type of situation re ebay / distance selling regulations?

Hope you can help

Cheers

MacsReturns

Under DSRs 'I can't sell it again' is NOT a valid reason to refuse a return. However, hygiene is (in fact is one of very few reasons...) so you'll need to make the case that only outer wrapping has been removed, but that the hygiene seal has not been breached.

You have an absolute right to return goods within 7 days of receipt, with no obligation to give a reason. Good luck.

the_lunatic_is_in_my_head

You have the right to return at your cost (if stated, their cost if not stated both before the sale and via durable means after the sale) regardless of the retailer's ability to resell the item. If the retailer could demonstrate you have failed to take due care of the goods they may have a claim against you but as you haven't even fully unwrapped the mattress they don't have a leg to stand on.

Have a word with consumer direct who should advise further.

soapyjoe

Dont know the answer, but did the seller mention not accepting open returns in the listing?

George_Michael

soapyjoe wrote: »

Dont know the answer, but did the seller mention not accepting open returns in the listing?

It doesn't matter what the seller stated in the listing.
The right to return under the Distance selling regulations is a statutory right, and the seller can't legally have terms and conditions that attempt to deprive you of these rights.

soapyjoe

When it's a hygiene issue, the seller must make it clear as part of the sale, if the item cannot be returned in an open condition.

This applies to all retailers.

the_lunatic_is_in_my_head

When it's a hygiene issue, the seller must make it clear as part of the sale, if the item cannot be returned in an open condition.

There's no exception in the legislation for hygiene issues, the only opened ended exception is "[goods] which by reason of their nature cannot be returned" but I don't think a court would view a mattress still in a wrapper as an item which can not be returned.

incesticde

soapyjoe wrote: »

Dont know the answer, but did the seller mention not accepting open returns in the listing?

Seller states they accept returns

incesticde

George_Michael wrote: »

It doesn't matter what the seller stated in the listing.
The right to return under the Distance selling regulations is a statutory right, and the seller can't legally have terms and conditions that attempt to deprive you of these rights.

Thanks for the clarification everyone, I shall send the seller an email stating that I wish to exercise my right to return the item under DSR regulations.

I shall then give them two days to inform me of their return policy before raising a dispute with eBay

Thanks again everyone

incesticde

George_Michael wrote: »

It doesn't matter what the seller stated in the listing.
The right to return under the Distance selling regulations is a statutory right, and the seller can't legally have terms and conditions that attempt to deprive you of these rights.

pretty much put this in the email to the seller and he has replied with "Sorry I misunderstood what you had said, please return.... Once we have cjhecked the item is in a re-selllable condition we will refund you the cost minus our postage"

Pretty happy with the reply, but justa quick check :

(a) Item does not have to be in a re-selllable condition. for me to get a refund?, and
(b) Their postage to me should also be refunded?

Cheers MSE's

the_lunatic_is_in_my_head

Doesn't have to be resell-able but as you've still got it sealed hopefully no arguments on that bit. Yes you should get the original payment back in full, I'd return via trackable means, let the seller do their thing and if they make a deduction the you can get the rest back with a SNAD claim.