eBay/Paypal Buy Now Refund (Delivery)

leicsmarkyr

Am sure it has been asked before so apologies. What does the law / eBay (Paypal) state on items bought from a business seller as a Buy Now when you return the goods as not suitable, i.e. too big?

I bought two vests which cost £9.98 plus £2.49 delivery. The items was returned at my expense (which I understand and accept) and I was under the impression that under Distance Selling I would get a FULL refund including postage. However the seller has only refunded the item cost of £9.98 stating "Item cost reunded, postage refund request refused as service has been paid for & completed". The item also states for refunds:

Items can be returned for a full refund (less shipping costs) provided they are returned complete and in original condition and packaging. Please call to arrange this so that we know to expect the item back Please make sure that you use am insured delivery service as we cannot accept responsibility for items that are lost or
damaged on the way back to us. Alternatively, we can arrange collection with our courier, although this service is chargeable.


I tried to get the seller to refund the delivery but he is saying no. So want to check if they should have refunded from a legal stand regardless of what his listing states. My understanding is yes they should.

If this is the case I will raise a claim with eBay/Paypal if that the case.

antrobus

Have a read of this thread;

http://forums.moneysavingexpert.com/showthread.php?p=52160053

Same issue.

theonlywayisup

leicsmarkyr wrote: »

If this is the case I will raise a claim with eBay/Paypal if that the case.

Aside of the law. You will only win a dispute with tracking showing you returned the item.

If you have that, then open a case. If not, then you need to advise the seller of their legal obligations, although unless you are going to enforce them, you won't be getting your refund, unless it pangs their conscience.

Your dissatisfaction can be articulated in your feedback (don't breach policy) once the conclusion has been met.

leicsmarkyr

theonlywayisup wrote: »

Aside of the law. You will only win a dispute with tracking showing you returned the item.

If you have that, then open a case. If not, then you need to advise the seller of their legal obligations, although unless you are going to enforce them, you won't be getting your refund, unless it pangs their conscience.

Your dissatisfaction can be articulated in your feedback (don't breach policy) once the conclusion has been met.

They have stated in emails that they will not refund the delivery as saying it has been a service that has been received. They have refunded the items now and I sent the item recorded so do have proof.

I will raise with eBay/Paypal and see what they say. I can't lose anything but can gain.

Just_Like_Honey

If the item isn't faulty I'm sure you don't get postage costs refunded. Same as most online stores - if you buy something and choose to return it because you don't like the style/fit they just refund you the cost of the item, not the postage because they still had to pay to post it to you. If the item is faulty it's different, but as there is no fault with the items I'm not sure you're entitled to anything else.

leicsmarkyr

Just_Like_Honey wrote: »

If the item isn't faulty I'm sure you don't get postage costs refunded. Same as most online stores - if you buy something and choose to return it because you don't like the style/fit they just refund you the cost of the item, not the postage because they still had to pay to post it to you. If the item is faulty it's different, but as there is no fault with the items I'm not sure you're entitled to anything else.

I disagree. Distant Selling Regulations state a full refund of the goods and original postage. The buyer needs to return at their cost which I understand.

My understanding is eBay business sellers are the same. So seeing the outcome

pinkshoes

leicsmarkyr wrote: »

They have stated in emails that they will not refund the delivery as saying it has been a service that has been received. They have refunded the items now and I sent the item recorded so do have proof.

I will raise with eBay/Paypal and see what they say. I can't lose anything but can gain.

If you can prove delivery, then just open a dispute, put in your tracking number, and mention that you have only received a partial refund, not a full one.

Strapped

Just_Like_Honey wrote: »

If the item isn't faulty I'm sure you don't get postage costs refunded. Same as most online stores - if you buy something and choose to return it because you don't like the style/fit they just refund you the cost of the item, not the postage because they still had to pay to post it to you. If the item is faulty it's different, but as there is no fault with the items I'm not sure you're entitled to anything else.

This is incorrect.

soolin

Just_Like_Honey wrote: »

If the item isn't faulty I'm sure you don't get postage costs refunded. Same as most online stores - if you buy something and choose to return it because you don't like the style/fit they just refund you the cost of the item, not the postage because they still had to pay to post it to you. If the item is faulty it's different, but as there is no fault with the items I'm not sure you're entitled to anything else.

If you buy or sell online then I think it might pay you to re read how the DSRs apply.

OP is entitled to the original postage costs back in this case, both legally and via ebay/paypal rules.

RFW

As Soolin says, I would add that depending on why the item is too big would determine whether the seller should pay for your return postage too. If, for example, you had purchased a pair of size ten shoes and the shoes were labelled incorrectly and were too big, the seller should pay return.

If on the other hand they were a correct size ten and you were in fact a size 8, then the buyer should pay.

There is no circumstance on returning an item within the period for return due to changing mind where the buyer does not receive a refund on the total amount paid, what is listed as the postage part of the transaction is irrelevant as some overcharge, some undercharge and some sell including postage so the law would not be able to differentiate.

It's particularly unfair to some smaller sellers but it is the law. Anyone who thinks it will hamper business take a look at Zappo's in the US who offer free returns as part of their sales and are one of the most successful online retailers because of it.

Just_Like_Honey

Oh no I don't, I just mean from previous experience with buying things online (e.g. from Topshop) if I buy something and then decide I don't like it/it doesn't fit I haven't had the original postage refunded unless the item has a fault.