How Long Should I Give Seller To Refund

molerat

Bought a used item last week and it arrived damaged / not as in photo. E-mailed seller within half hour of receipt stating that item SNAD and would like a refund. Seller replied quickly and said that I should return item for refund (item is only fit for scrap). I sent item back next day (tracked/insured) and sent seller e-mail giving tracking number and asking that my not insignificant return postage be refunded. Item arrived yesterday and seller has e-mailed to say they have item, it was not like that when sent and asked if I damaged it !! Tracking is showing as delivered. All correspondence is through e-bay messages. No dispute has been opened yet.

So the question is how long should I leave it before I open a dispute ?

I assume I am stuffed for the return postage whatever happens so a neg / low stars if they don't refund it.

vicx

molerat wrote: »

I assume I am stuffed for the return postage whatever happens so a neg / low stars if they don't refund it.

That's rather harsh. The seller has agreed to refund you on return of the item. The seller does not have to refund you the return postage cost but some sellers are happy to where an item is faulty or not as described.

http://pages.ebay.co.uk/help/seller-protection-faq.html#Does%20the%20buyer%20have%20to%20return%20the%20original%20item?%C2%A0Who%20pays%20for%20return%20postage?

the_lunatic_is_in_my_head

The seller does not have to refund you the return postage cost but some sellers are happy to where an item is faulty or not as described.

Depends if they are a business, either way a neg for having to pay to return something no as described is fair in my book.

OP I'd ask the seller why they feel that you have damaged the item. Covering all bases here including what the seller may think, either it's become damaged in the post to you or on the way back, you are lying or the seller is lying. If the seller is lying just go for a dispute, if the seller feels you are lying they should perhaps be a bit more tactful about their questioning, if it was damaged in the post to you it's the seller's problem, if it was damaged on the way back due to poor packaging it's unfortunately your responsibility, if return packaged well then it's the seller's responsibility in my eyes as you've taken due care.

You'll win a SNAD case, the seller can appeal and the result would depend upon what the seller says but it's best to tackle that one if it arises.

vicx

ludovico wrote: »

Depends if they are a business, either way a neg for having to pay to return something no as described is fair in my book.

No it does not depend if the seller is a business seller or private seller.

Return postage costs
In general, the seller is obliged to pay for the return postage unless you’ve specifically provided, within your returns policy, that you require the buyer to pay for it.

http://pages.ebay.co.uk/help/sell/return-item.html#info

the_lunatic_is_in_my_head

No it does not depend if the seller is a business seller or private seller.

Yes it does, the law states the consumer must be reimbursed and eBay's User Agreement states that whilst using eBay you must not 'breach any laws'.

Just to add what you have quoted is with regards to the DSR regs and change of mind cancellations, not faulty/misdescribed goods.

theonlywayisup

Ludo is correct.

OP have you replied to their email asking if you damaged it? If so, just drop them a quick email explaining it was like that when it arrived. If you hear nothing for 24 hours, then I would open a SNAD in PAYPAL ***NOT Ebay. Then escalate it and add the tracking.

You won't get your returns post back, but you will get your refund.

Ebay nor Paypal can enforce a returns post reimbursement. So whilst there may be legislation that fits, it is not always practicable to follow it up.

molerat

I have replied, just waiting for something to happen now.

vicx

theonlywayisup wrote: »

You won't get your returns post back, but you will get your refund.

Ebay nor Paypal can enforce a returns post reimbursement. So whilst there may be legislation that fits, it is not always practicable to follow it up.

So my first statement still stands.

vicx wrote: »

The seller does not have to refund you the return postage cost but some sellers are happy to where an item is faulty or not as described.

the_lunatic_is_in_my_head

So my first statement still stands.

It doesn't really. The seller does have to refund, just you can't (easily) make then do so. For that reason they deserve the neg and your very first point was a neg is harsh because they don't have to refund the return costs which isn't correct.

theonlywayisup

vicx wrote: »

So my first statement still stands.

No, although beaten to it by ludovico.

Your statement is factually incorrect. Ebay and Paypal don't have the facility to enforce the law. The law may not be practicable to enhance for the OP. But that doesn't mean the legislation doesn't exist, hence your statement is incorrect.

molerat

Had just under 2 days and no response so Paypal dispute opened.