Damaged ebay item

paul2louise

Not sure of my rights. I bought some battery operated tealights from a top rated seller in the uk. They came a bit late probably due to Christmas post just as normal first class postage, no special delivery. Half of them were broken and faulty. The seller is now away for Christmas so I can't contact them. I am disappointed as it is too late to order any more now. I have emailed them and asked or refund, but obviously I am going to have to wait for a reply.
I just wondered will I have to pay to send them back. They state about signing for delivery and being responsible or payment of returns

"You need to sign for the item as damaged unless you are 100% satisfied that the item has arrived in perfect condition. This is a requirement of some couriers we use. Unless the item is signed for as damaged a claim cannot be made against the courier. You will be responsible for postage costs if you need to return an item not sign for as damaged."


As it was only delivered first class no signature was required. Should I wait till the new year to see what they do before raising a claim.

Thanks

soolin

Frankly with appalling terms like that I would just go for a SNAD claim now and leave it running over Christmas. They can deal with it when they get back.

pinkshoes

soolin wrote: »

Frankly with appalling terms like that I would just go for a SNAD claim now and leave it running over Christmas. They can deal with it when they get back.

I think I'd hold off doing a SNAD, as then the seller would no doubt insist on the OP paying to send it back tracked!

I think I'd offer to send it back and ask them for the amount to send it back tracked. If they refuse to pay return postage, and won't refund until it's returned, then they deserve a big fat neg, and 1* ratings!

Their T&Cs suck!

forgotmyname

Ignore their terms for a start.

But was the package damaged? If not then they should not be claiming for damaged in transit, If they just sold you crap.

hiccup123

soolin wrote: »

Frankly with appalling terms like that I would just go for a SNAD claim now and leave it running over Christmas. They can deal with it when they get back.

Snap....I would open a case straight away.....especially whilst they are away.....they have a certain time to reply by. If they don't reply you win the case and I think you may not have to return the item. Happened to me once for an £8 item...seller didn't respond and case was closed and i got a full refund.

The TC are yuk

lindseykim13

I also wouldn't open a snad when they are clearly away.
As a seller if you contacted me to say they were faulty and it was a relativly low cost item i would just refund you and tell you to keep the items.
However if i came back to ebay after xmas to find a nice snad case i'd be a bit annoyed you hadn't given me the chance to rectify the problem and i'd make you return them.
Just thought i'd give you an honest opinion, as i see myself as a fair seller-however can't promise that this seller is like that. Their terms mean nothing.

macfly

Their terms fall far short of appalling. Couriers do kick off about claims if the package isn't marked as damaged. Obviously irrelevant in this case though.
Nobody has a clue what this seller will do when informed. So wait and do so.
As for being a bit disappointed - go to the shops.

paul2louise

Thanks guys. They replied to my email and refunded for the 5/12 of my fee for the 5 faulty tealights. I suppose that is as good as it gets. Should I leave feedback, or just leave it.

lindseykim13

I think if your happy enough with the transaction and their way of resolving the problem it would be unfair to leave anything other than postive fb-however if you feel you can't quite bring yourself to give them it then i'd leave non at all.

I once gave a buyer a full refund and told them to keep the item which had become faulty in transit. They still left me a neutral when there was nothing more than i could have done to recitfy the problem.