Am I entitled to a refund?

mrsyardbroom

I bought a brand new item from a trader on ebay and it stopped working three days later. I contacted the seller for to ask for a refund and return instructions but they seem very reluctant to do anything other than send a replacement item. Am I entitled to a refund and should they pay the postage cost of the return? I just want my money back.

neilmcl

What was the item in question?

pinkshoes

They should pay the cost of returning the item, but difficult to enforce on ebay. You could send them a "letter before action" threatening to take them to court for the postage if they don't refund it.

If the item is faulty (up to SELLER to prove it's NOT faulty in first 6 months), you're entitled to a refund, replacement or repair, but it's THEIR choice, so their offer of a replacement is perfectly fair.

bod1467

Depending on the item then it could be argued that OP has not yet accepted the goods, therefore they would be eligible for a full refund if desired. (I'm guessing this was the reasoning behind neilmcl's question).

T_T_2

If the item is a strawberry then the answer is no, you aren't entitled to a refund. If it is an electrical good then maybe but it would depend on the condition in which it was sold and how it was described. More info needed.

bris

If it's anything other than a strawberry (or other fruits ) then 3 days is not enough time to accept the item, a refund should be given. Getting them to comply though is another matter, just open a SNAD on ebay for a refund.

mrsyardbroom

T_T wrote: »

If the item is a strawberry then the answer is no, you aren't entitled to a refund. If it is an electrical good then maybe but it would depend on the condition in which it was sold and how it was described. More info needed.

As I said in the OP, the item was sold as brand new. It can't possibly be a strawberry as it has stopped working and strawberries don't work. It was a small electrical item.

Hintza

mrsyardbroom wrote: »

As I said in the OP, the item was sold as brand new. It can't possibly be a strawberry as it has stopped working and strawberries don't work. It was a small electrical item.

I think you are missing the point.

mrsyardbroom

Hintza wrote: »

I think you are missing the point.

I don't think so. T_T said more info needed on the condition the item was sold in etc.

timbo58

Open a SNAD on ebay, they will require you to return it though and you won't get the return postage cost back IME.

Yes, you are entitled under the ecommerce (distance selling) regulations 2000 to a full refund WITHOUT having to send it back at your own cost however ebay seem to have ignored that, they seem to pick & choose what legislation they apply, however most are, luckily in this case, heavily in the favour of the buyer.

Get proof of postage.

custardy

timbo58 wrote: »

Open a SNAD on ebay, they will require you to return it though and you won't get the return postage cost back IME.

Yes, you are entitled under the ecommerce (distance selling) regulations 2000 to a full refund WITHOUT having to send it back at your own cost however ebay seem to have ignored that, they seem to pick & choose what legislation they apply, however most are, luckily in this case, heavily in the favour of the buyer.

Get proof of postage.

given we dont know the value or what the item is,POP maybe wholly insufficient