eBay - Return of Postage for Faulty/Incorrect Goods

kilobite

Hello everyone - I hope somebody out there can help me!

I recently ordered a second hand Laptop screen from eBay (Business Seller) at a cost of £40.

It was received faulty so they asked be to return it – It cost me £10 in postage.

The shop said they would send me a compatible replacement. Unfortunately, the one received could not be fitted properly and it did not fit the description of the original item I ordered. This screen was returned at a further cost of £10

At this point the staff were very helpful and, although I had to wait a couple of weeks, they finally refunded me my original £40 payment.

I requested that in view of the full circumstances they should also refund me the total cost of return postage (£20) for the faulty/incorrect items.

The shop replied:

We do not cover return postage... see our site for T&C. How can we refund what we have have not received? You asked for a refund, you have a refund – Please be aware that the Sale of Goods differs as the items were second hand.

I response I said:

Second-hand should not mean second-rate Even if the item's second-hand or reduced, it doesn't mean you get second-rate consumer rights, except where the seller points out the specific problems before the item was bought. As you have sent faulty/wrong items then I’m entitled to 100% refund of cost and postage!

The shop said I’m talking rubbish and if I took it to Small Claims I would lose and I will be responsible for their legal fees.

My question is... are the shop right in what they are saying or are they just trying to scare or intimidate me?

I know it only £20 but that is a lot to me at the moment!

Kindest regards,

steveE2

See point 9
http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

Customers have exactly the same rights with second-hand goods as they do with new. See Your customers' rights explained.

However, because the items are second-hand the quality of items is judged less rigorously than when items are new, where reasonable.

kilobite

Thanks Steve!

That's interesting but I'm trying to work out if this applies in my situation as the item received was not working and the replacement they sent was the wrong model.

The shop asked me to send them back (which I did) and this is where I feel I should be entitled to the return postage costs! I know it's a difficult one but I do feel ripped off!

Cheers!