Ebay Item Not As Described - Return Postage Refund?

Steve_Mac

Hi there,

Hopefully someone can give me some advice with a problem I have. I've done a search on here but can't find an answer to my particular problem.

My wife bought two pairs of curtains (via 'Buy It Now') from a commercial seller on Ebay. The curtains were listed as purple, and were purple in the photo. On arrival, the curtains were much darker than in the photo and the packaging said they were 'aubergine' and not purple.

My wife went through the standard Ebay returns procedure and received a message saying this:

We've informed the seller that the item wasn't as described. The seller has offered you a full refund for the purchase price plus original postage and packaging, if you return the item. To get your refund, post the item back to the seller. You will need to cover the cost of returning the item. Make sure you send the item by 22 Mar, 2013.

Refund information:
Once the item is delivered to the seller, you will receive a full refund of £52.85. The refund will include the purchase price plus original postage & packaging.


My question is, should I be liable for the cost of return postage on an item that is not as described (under SOGA)? A quick look on the royal Mail site shows the cost of postage to be anything from £10.50 + VAT to £33.83 + VAT as the combined weight of the curtains is nearly 5kg.

We would be well out of pocket for returning an item that isn't what we ordered. Surely that isn't right, or am I just going to have to stump up? Also, are they allowed to dictate a time limit on the return? The curtains only turned up today!

Thanks in advance for your help.

[Deleted User]

You are correct, but you have to explain that to PayPal or eBay. It's not easy at all!

System

Aubergine is purple?

Steve_Mac

goater78 wrote: »

Aubergine is purple?

Nope, aubergine is definitely not purple. Especially when on the listing it says 'purple' and on the packet says 'aubergine'

Also the colour was completely different - the listing showed a light shade of purple (similar to the colour 'Fedex' use) and the curtains that turned up were a very dark shade more like, well, an aubergine!

System

Steve_Mac wrote: »

Nope, aubergine is definitely not purple. Especially when on the listing it says 'purple' and on the packet says 'aubergine'

Also the colour was completely different - the listing showed a light shade of purple (similar to the colour 'Fedex' use) and the curtains that turned up were a very dark shade more like, well, an aubergine!

So what colour do you think an aubergine is? It's still purple just a darker shade than shown on the picture.

Any complaint needs to be based on the fact that the product doesn't match the picture not that it's aubergine instead of purple, as aubergine is purple!

JimmyTheWig

Imagine eBay is like a shopping centre.
You buy something from one of the shops.
It turns out is isn't right.
It is up to the shop to sort it out, not the shopping centre.
If, however, the shopping centre offer to sort it out for you that might be easier than getting the shop to sort it. But it's not the shopping centre's responsibility. If their way of sorting it out doesn't give you what you want and are entitled to then you can still sort it out yourself with the shop.

It's just the same here. eBay have done what they do. It isn't enough, but it is more than they legally have to do as it wasn't them who sold it.
You are covered by the SOGA with the seller (as they are a business seller) and so by law you shouldn't be out of pocket. Ask the seller (not eBay) to cover the cost of return shipping, or suggest they arrange a courier to collect the item. Point out that you understand that eBay won't enforce this, but that you are entitled to it by law.
If they don't agree then you would have to go down the small claims court route (with the seller, not eBay).

Note that if it gets this far then I would imagine that the whole question of "was it as described" will come in to play. Colours in photos aren't always accurate. An aubergine _is_ purple. If it is going to court you need to be clear what is wrong with the goods. It's not enough that _you_ think the colour is wrong. It is irrelevant whether one or more forum users here think the colour was described accurately. You need to convince the person making the decision in court that the colour is wrong.

Steve_Mac

goater78 wrote: »

So what colour do you think an aubergine is? It's still purple just a darker shade than shown on the picture.

Any complaint needs to be based on the fact that the product doesn't match the picture not that it's aubergine instead of purple, as aubergine is purple!

Purple is a colour. Aubergine is either a fruit or a vegetable (depending on whether you are a botanist or a chef). This isn't the issue however. The seller has already agreed that the curtains were not as described. The issue is the fact that Ebay say that I should have to pay for the return postage where the Sale of Goods Act & Distance Selling Regulations say the seller is liable. I have messaged the seller asking them to either arrange a courier at their expense or agree to refund my postage costs. Just waiting for a reply.......

System

Steve_Mac wrote: »

Purple is a colour. Aubergine is either a fruit or a vegetable (depending on whether you are a botanist or a chef). This isn't the issue however. The seller has already agreed that the curtains were not as described. The issue is the fact that Ebay say that I should have to pay for the return postage where the Sale of Goods Act & Distance Selling Regulations say the seller is liable. I have messaged the seller asking them to either arrange a courier at their expense or agree to refund my postage costs. Just waiting for a reply.......

Jimmy the wig has explained the situation. It's nothing to do with eBay really.

If you think colours are just brown, red, white, green etc i assume you've bought no paint, furniture or clothes in the last 15 years!

techspec

Return postage is £4.99 with collect plus.

If curtains said Aubergine as the colour - thats the colour i would have stated.

I would pay return costs for the buyer - but Ebay don't enforce it.

Steve_Mac

JimmyTheWig wrote: »

Imagine eBay is like a shopping centre.
You buy something from one of the shops.
It turns out is isn't right.
It is up to the shop to sort it out, not the shopping centre.
If, however, the shopping centre offer to sort it out for you that might be easier than getting the shop to sort it. But it's not the shopping centre's responsibility. If their way of sorting it out doesn't give you what you want and are entitled to then you can still sort it out yourself with the shop.

It's just the same here. eBay have done what they do. It isn't enough, but it is more than they legally have to do as it wasn't them who sold it.
You are covered by the SOGA with the seller (as they are a business seller) and so by law you shouldn't be out of pocket. Ask the seller (not eBay) to cover the cost of return shipping, or suggest they arrange a courier to collect the item. Point out that you understand that eBay won't enforce this, but that you are entitled to it by law.
If they don't agree then you would have to go down the small claims court route (with the seller, not eBay).

Note that if it gets this far then I would imagine that the whole question of "was it as described" will come in to play. Colours in photos aren't always accurate. An aubergine _is_ purple. If it is going to court you need to be clear what is wrong with the goods. It's not enough that _you_ think the colour is wrong. It is irrelevant whether one or more forum users here think the colour was described accurately. You need to convince the person making the decision in court that the colour is wrong.

Hi Jimmy - thanks for your input. A very clear way of describing it.
It would appear that Ebay's resolution centre doesn't take into account the DSR or SOGA. When my wife contacted the seller, one of the options was 'Item is not as described' and ticked that box. After searching a little more on the net, it seems that this was not the cleverest thing to do as Ebay kind of take over the case and your rights to refund of the postage get ignored!

Jinks

As techspec says, return postage shouldn't cost very much if you use a courier (never use Royal Mail for heavy items, it will cost you a fortune!). Even if collect plus isn't an option, you will be looking at between £6 to £8 with one of the cheaper couriers like Yodel or MyHermes and they are easy to book online. Go to https://www.parcel2go.com and type in the weight/dimensions of the package and you will get the right quotes.

I realise it's probably a matter of principle but in the event that they don't refund the return postage at least you won't be significantly out of pocket.