Return postage what are my rights?

ukkid76

Hi there sorry if this has been covered before but I would like some advise please,

I bought a pair of size 11 waders from ebay it was from an ebay seller, they sent me size 9 so I decided to return them and go and buy them locally as I needed them for an imminent fishing competition.

When I contacted the seller they weren't happy that I decided to return them and only offered a replacement which I didn't want, after a lot of falling out over emails and they replaced them via the post who duly collected the wrong ones, they decided to allow me to return them but they said the wouldn't pay for the return postage, the waders cost £17.99 plus postage which was £6.99, but the return postage was going to cost me £12.91 because ebay state that every return has to be recorded, I got rather hacked off with the seller and just sent the item back, then opened a case with ebay after 8 days ebay refunded my original costs which was £24.98 but say it isn't there responsibility to pay my return costs and that I have to take it up with the seller even though they are an ebay seller.......

So I ask not what are my chances of ever seeing my £12.91 back because I know that's never going to happen but just what are my rights in this situation..

By the way I got in contact with the seller the day the item arrived but as I didn't get anywhere with them I then contacted ebay's resolution center but they made me wait 8 days, this they say is a cooling off period before they would step in and mediate....

unholyangel

Few details we need.

I presume from what you've said, this is a business seller? Are they located in the UK? Was the item buy it now or auction (i'm guessing BIN but just checking).

techspec

Ebay dont isist on recorded.

Tracked via courier is fine - and cheaper - about a fiver.

A good seller would pay return - but the postage i charged i.e £6.99 would be the limit for me.

bris

You have rights but not through ebay, you would need to go to the small claims court to get justice.

ukkid76

It was a buy it now item and the return postage was so much because it was over 3 kilos,

This is what ebay have said to me:

Thank you for writing back to eBay Customer Service about the Waders (item 190852273504) you bought from "fishingtacklecentre1". I understand your upset to cover the return postage. Allow me to clarify things further.

I apologise for any inconvenience but allow me to explain our position for you. Dave, think of it this way, if you purchase an item from a local business and you discover the item is defective when you take it home, the business will not provide you with a refund for the time or gas money you spent to return the item. They will only cover the cost of the item itself - even though they were to blame for selling you a bad product. It's the same kind of thing when dealing online. Hence we can only suggest that you communicate with the seller and work things out.

frugal_mike

If eBay said that then they are wrong and that analogy is deeply flawed. If the seller is in breach of contract then they have to put you back into the position you were in before taking out the contract. If you buy in store then the sellers responsibility ends once you leave the store, your travel costs are your own concern. If buying at a distance the sellers responsibility does not end until the item is delivered to you. The cost of returning the item should be paid by the seller.

lucy03

That is indeed a poor analogy, although I assume that it was written by someone outside of the UK who may have had another country's legal system in mind.

I'd send a letter before action, your reasonable costs of returning the item should be refunded.

bylromarha

As ebay are so big they can get away with this misinformation.

The seller made a mistake and they need to ensure you are not left out of pocket by this. Distance selling regulations - it's UK law. Ebay think they are above it.

I've had so much wrong info from ebay over the years. The most frustrating one was when a seller refused to refund my original postage costs when I cancelled an order under the 7 day returns period. Ebay insisted the seller was right and their "help page" was so vague it was as much use as a chocolate teapot.

Ebay have no idea of an individual buyers rights in the UK - its scary for such a big business.

As a business seller OP, I'd have arranged the collection for you with a courier. It was my mistake - not yours. Make sure yur feedback is factual and I agree you should report to their local trading standards.

ThumbRemote

As others have said, ebay are completely wrong - frugal_mikes explanation is pretty good.

As a warning though, please ignore mention of the Distance Selling Regulations in bylromarhas post above. You are returning as per your rights under the sale of goods act, not the distance selling regulations. Under the SoGA the cost of return is down to the retailer, under the DSRs is down to you.

Kite2010

And if they don't refund, negative feedback time, plus poor stars.

unholyangel

frugal_mike wrote: »

If eBay said that then they are wrong and that analogy is deeply flawed. If the seller is in breach of contract then they have to put you back into the position you were in before taking out the contract. If you buy in store then the sellers responsibility ends once you leave the store, your travel costs are your own concern. If buying at a distance the sellers responsibility does not end until the item is delivered to you. The cost of returning the item should be paid by the seller.

Hmmm consequential loss - providing it was reasonable/a direct result of the breach of course. Plus:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).