Faulty halogen oven top..advice please

Giraffe76

Hi all,

I needed a replacement halogen oven top so decided to buy one from ebay.

The new top arrived at just before 8am last saturday and i decided to test it straight away just to make sure but unfortunately it didnt work so i sent a message straight away to the seller along with a photo of the broken heating element telling him of what happened, he replied quickly and asked for photos of the box along with a photo of the damage to the heating element so that he could send it to the courier (which was recomended by ebay) as proof of the damage which he said had never happened ever before. I asked him if he could send out a replacement which he said he would do so on monday. He also asked that i send the courier a message/complaint so that it would add weight to his arguement, which i did straight away.

He said that he would send out a replacement first thing on monday so i waited monday for him or ebay to send me confirmation that he'd sent me a replacement but nothing was forthcoming. When i sent him a message on tuesday asking for an update he replied saying that the courier had contacted him and said they werent responsible and added that in their terms and conditions in small writing they arent liable for glass. He said that he would send out a returns label to me to send the faulty unit back to him and he would enquire about how much sending out a replacement would be through other ways. He has replied to me today and said that it will cost him around £14 to send the replacement and £20 compensation through the post office, alternatively he could send it through the courier he used before and take a chance...

Ive been trying to help the seller as much as possible thinking that it would speed up his response and make the replacement process easier but i get the feeling hes now taking advantage of me.

I hope this makes sense and if anyone has any questions please ask away...

Can anyone tell me where i stand and what im entitled to please...

Kind regards Mark

theonlywayisup

I am not really clear on your question.

It sounds as if the seller has offered a returns label to return the faulty one. Has this been received?

It sounds as if he is trying to find a courier or service that will cover sending out a replacement.

If the label has not appeared for the return, message him and ask when you can expect it. Also ask what the status with the replacement is.

When you have a reply you will be better equipped.

Ultimately Ebay require a buyer to return an item at their own cost for a refund. So it is worth giving the seller some time to make arrangements or you may be worse off.

Giraffe76

He has offered me a returns label which im unsure as to whether it will cover the cost of returning the faulty item, If it doesnt then fair enough but why should i pay out for delivery costs and another unit again when it was his method choice of how to send the unit to me..

When the unit arrived most of the packaging was broken into small pieces.

He has said that he could send the unit using the same courier but is worried that it will arrive damaged again, surely thats not my problem/fault as that is his choice, i have no say how he sends it, he also talked about sending it through royal mail 2nd class.

I have no problem with paying to send back the faulty item but in his latest message he was saying that the cost to send out the replacement is £14.45 and he also talked about £20 compensation. Am i within my rights to say to him that the cost to send out the replacement doesnt have to be paid by me or do i need to pay out for the cost of shipping and this £20 compensation that he talks about?

From what he said i think he expects me to pay to have the replacement sent out... this was his latest message...

Parcel is over 2kgs and Royal Mail lowest cost 2nd Class is £14.45 with proof of delivery and £20 compensation.
I could send it by the original courier and take a chance on damage but take extra precautions with packing.
I have sent 6 of these units with Collect+ courier without any problem.


The fact that hes sent 6 without any problem is nothing, surely. Theres always a first time for everything.

At this stage could i send the faulty item back and ask for a refund of the purchase price as im sick of trying to help this guy and it seems all he wants to do is cover his own costs etc no matter how much out of pocket it leaves me, surely at the end of the day as the buyer if an item is faulty i should be able to change my mind,return it for a full refund of the purchase price even if i have asked for a replacement.

Are ebay purchases covered by the distance selling regulations?

adouglasmhor

The cost of sending out the replacement is his responsibility as is getting it to you.

The cost of returning the faulty unit to him is up to you.

If you can't resolve it within a week I would start a case with paypal if you used them and see if that speeds him up.

On the other hand if he is sending you a new unit and £20 compensation surely the £20 will more than cover the reurn cost?

Your posts are not that clear TBH.

theonlywayisup

You need to get things clear with him rather than just 'think' this or that is what he means.

Send him an ebay message along the lines....

Dear Seller,

Thank you for your message.

Please forward the returns label for the faulty hob. I shall message you when it is repacked and has been taken to the depot/post office (insert whichever is applicable).

Then you need to decide what you want.....

With regards a replacement. Please send this via whatever means you feel is most secure. I look forward to receiving it and will update you when it has been unpacked and checked.

or

With regards a replacement, I think it may be best at this stage if I defer another 'chance' with a courier and would rather opt for a full refund.

Thank you for your assistance in this matter.

Yours Buyer.

You need to be less wishy washy and find out what is being offered and then you need to make the decision as to what you want.

You are entitled to your FULL original purchase price back. Depending on who the seller is ie private/business and quite how far he and you push this, you should be entitled to the returns postage, but in reality things don't always go as they should, so you need to be prepared to pay for the return.

Giraffe76

Sorry that i come across as wishy washy but your right i need clarification as to what he means,so i will message him and ask him these questions and come back to you after hes replied.

The seller is a private seller

theonlywayisup

Giraffe76 wrote: »

Sorry that i come across as wishy washy but your right i need clarification as to what he means,so i will message him and ask him these questions and come back to you after hes replied.

I didn't mean for you to take that personally, but sometimes with sellers you need to be more assertive, and this is one where such sounds like the correct way forward.

adouglasmhor

Giraffe76 wrote: »

Sorry that i come across as wishy washy but your right i need clarification as to what he means,so i will message him and ask him these questions and come back to you after hes replied.

The seller is a private seller

The seller is a private seller, who just happens to have sold several halogen oven tops?

I have a bridge an uncle left to me, would you like to buy it?

Giraffe76

Dont worry i understand you didnt mean any offence. Im just waiting for the reply now to see what he says

Giraffe76

Adouglasmhor,

As far as your bridge, i think ill leave it, thank you all the same.

soolin

adouglasmhor wrote: »

The seller is a private seller, who just happens to have sold several halogen oven tops?

I have a bridge an uncle left to me, would you like to buy it?

I'm sure it will go very nicely with a large house I've just bought from a charming gentlemen I met in London, right at the top of the Mall as well so very convenient for sightseeing.