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Refund for a faulty item - ebay
Claree__x
Posts: 1,186 Forumite
Hi All,
I think I know where I stand with this but I just want to be sure before I go back all guns blazing.
I bought a dress from a seller on ebay. The seller has a shop (and also a website shop) where they do both buy it now & auction listings. The dress I purchased was on an auction which stated that returns were not accepted.
I got the dress on Friday (1st Feb) and when I took it out of the packaging I noticed the stitching at the bottom of the zip had come away. It was only a small fault but one that would get worse over time imo.
I contacted the seller on Monday (4th Feb) and I got a message back saying sorry you had a problem and if you send your dress back they will send me a refund including postage. It went on to mention refund at another bit of the same message.
I sent the dress back yesterday (7th Feb) and got a reply this morning saying that my replacement dress was on the way. I replied asking if I could send that one back to them for a refund as I’ve already purchased a new dress (as I was led to believe I was getting a refund and I needed it for this weekend) and I’ve just had a reply saying that they don’t offer a refund on auction dresses.
Surely because this was a faulty item the law over rules their policy and the fact is I was told (by a different person at the same company) that I was entitled to a refund that I should get just that? I am happy to wait and return the one they’re sending out just now but I have absolutely no use for it!
Thanks!!
I think I know where I stand with this but I just want to be sure before I go back all guns blazing.
I bought a dress from a seller on ebay. The seller has a shop (and also a website shop) where they do both buy it now & auction listings. The dress I purchased was on an auction which stated that returns were not accepted.
I got the dress on Friday (1st Feb) and when I took it out of the packaging I noticed the stitching at the bottom of the zip had come away. It was only a small fault but one that would get worse over time imo.
I contacted the seller on Monday (4th Feb) and I got a message back saying sorry you had a problem and if you send your dress back they will send me a refund including postage. It went on to mention refund at another bit of the same message.
I sent the dress back yesterday (7th Feb) and got a reply this morning saying that my replacement dress was on the way. I replied asking if I could send that one back to them for a refund as I’ve already purchased a new dress (as I was led to believe I was getting a refund and I needed it for this weekend) and I’ve just had a reply saying that they don’t offer a refund on auction dresses.
Surely because this was a faulty item the law over rules their policy and the fact is I was told (by a different person at the same company) that I was entitled to a refund that I should get just that? I am happy to wait and return the one they’re sending out just now but I have absolutely no use for it!
Thanks!!
My Debt Free Diary
http://forums.moneysavingexpert.com/showthread.php?t=5415346
http://forums.moneysavingexpert.com/showthread.php?t=5415346
0
Comments
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I don't think the consumer laws will apply when buying items in an auction0
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Consumer law still applies but DSR law doesn't. This is still a business seller and the listing must still be correct. In this case unless the listing was for a faulty dress then yes you are entitled to a refund. You can open a SNAD against the seller and state your case, I would do this through paypal rather than ebay as it's often easier. Ask for this to be moved to the Ebay board as there are some very experienced people over there on all things ebay.0
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Depends a bit where the shop is based - UK consumer law only applies in the UK - there are a lot of Chinese sellers on Ebay for instance, and so then you're reliant on their goodwill as opposed to UK law.0
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