Is it within my legal rights to return an opened item I bought online?

cheezy102

I bought some wardrobe doors from eBay by mistake. They were brand new from a business seller. I thought it was a complete wardrobe (silly I know). I received the doors, opened the clear polythene wrapper, then realised my mistake.

Their return policy says I can return it within 7 days (and says nothing about being opened / unopened) but I emailed them and they said I can only return it if the packaging hasn't been opened. I have spoken to ebay, and they said they do not get involved in cases where items were bought in error. Is it within my legal rights to still return the item, even though the sealed polythene has been opened?

Any help is appreciated. They cost £180 so really would like to get my money back :-(

neilmcl

Was it a standard auction listing or "buy it now"?

You have a right under the Distance Selling Regulations to cancel within 7 working days (although you don't have to return the items within this period) and gives you the right to fully inspect the items including removing packaging etc. This does not however apply to auction items unless it was a "buy it now" listing.

cheezy102

Thanks for the quick reply!

It was a Buy It Now listing.

LisaW123

Under distance selling regulations I thought you had the right to inspect an item you bought online as it you were looking to buy it in a shop. I would have thought opening the packaging was essential to inspect the goods. I'm not sure if sellers can place these kind of restrictions on buyers. I would give the citizens advice consumer service a call on 08454 04 05 05. They will be able to tell you exactly what your rights are, and what you need to tell the seller to get a refund.

LisaW123

I meant to add, normally under distance selling regulations you have right to return goods bought online. You need to inform the seller of your intention to do so within 7 days of receipt of the goods, although you have longer to actually return them. As I mentioned in my previous post, check with the consumer service to establish your precise rights.

unholyangel

As mentioned, because they are a business and it was buy it now, you are covered by the DSRs.

Under the DSRs, they must provide you with certain written information in a durable form. If they do this, you have 7 working days starting the day after you receive the goods in order to notify them of your intent to cancel. The doors do not need to be in their original packaging although you should take reasonable care of them (ie dont damage them, wrap them appropriately when sending back). Since you have opened them, take photos of their condition before repackaging them. Then take another photo when packaged (its a good habit to get into in case they are damaged in transit).

If they do not inform you that you are responsible for sending the item back to them/paying to return it to them.......then your only responsibility is to (as above) take reasonable care of the item and make it available for collection.

Few paragraphs from the DSRs that are relevant for you:
Information required prior to contract conclusion -
http://www.legislation.gov.uk/uksi/2000/2334/regulation/7/made

Right to cancel -
http://www.legislation.gov.uk/uksi/2000/2334/regulation/10/made

Refund -
http://www.legislation.gov.uk/uksi/2000/2334/regulation/14/made


EDIT: Just to add......was it your mistake or was the listing misleading? If it is the latter, you may have grounds for a "not as described" which goes under SoGA and the buyer wouldnt be liable for the return costs. If it was your mistake then you may be out of pocket for the return postage but you should get a refund for the rest

arcon5

Go to eBay Resolution Center and file a return request.

eBay will insist it is returned at your expense via a tracked service, input the tracking ID and eBay will refund you.

If they reject the return request, just re-open the case as 'Item Not as Described'