seller refusing to refund P&P

pimiento

This is a low value purchase (£12 + £7 P&P) of some folksy/rustic items that are basically tat and nothing like the lovely website photos.

I have emailed the seller with photos (and sent them their own photo too, to compare!), but they simply say the items are not faulty and that I will have to pay postage both ways. It's hardly worth it - it will cost about £4 to return for a refund of £12, meaning it will have cost me £11 to look at some rubbish for a couple of days.

I know it's not a lot of money, but I'm really angry at their insistence that there is nothing wrong - I've shown the stuff to 2 other people who agree it is just unusable rubbish.

Anything I can do, practically speaking?
I suspect not, but any help or advice would be much appreciated.

paddyrg

You ordered online and so are covered by the distance selling regs as well as sale of good act. Which is more appropriate here TBC but under SoGA goods must be as described, fit for purpose. Under SoGA you wouldn't be liable for any of the postage costs

If rejecting under DSR's you may be liable for some of the postage costs but it's basically for changes of mind.

Do you have the photos so people here could suggest under which act you're best to return the goods? I'm guessing SoGA if the difference is substantial (eg white teapot as opposed to black coffee pot).

pimiento

I'm not sure how to show a photo?

I think it's SoGA too, and have told them so and sent the photo of the marketing/website pic and a pic of one I actually received.

Their pic is a lovely placemat, part patchwork, part embroidered, part appliqu!. It lies nice and flat, as it should.
Mine are distorted and lumpy, as there is a lot more fabric in the top layer than there is in the backing. Basically they are extremely badly made and look it, and look nothing like their photo.

The repeated reply from the seller is that they are not faulty so they will not refund postage to me or for the return.

I said they are not of merchantable quality. I asked if they thought the photos comparable, but they just keep sending the same email over and over again.

thanks for the reply

hollydays

Was it through eBay?

paddyrg

Can you phone them? How did you pay?

hollydays

How much per mat?

pimiento

no, not through ebay, direct with the seller's uk site, but I paid with paypal - I've tried opening a claim with them but from what I've read about paypal claims I'm not holding my breath.

As I said, the value is low, and not at all the point. The point is I am angry that these people have offloaded some badly made mats that look nothing like the photo and are only fit for the bin, and I have paid them to do it!

I know I have right on my side, but they are behaving like kids who put their fingers in their ears and sing 'lalalalalala' - not answering any of my points or questions and just repeating 'they are not faulty we will not refund postage'.

Just makes me cross they can ignore SoGA as it's quite low value, so not really worth pursuing, and in effect I've chucked my money away.

hollydays

It can be relevant the price paid per item, if they were 1.50 each for example, rather than £25.but I would say they should lie Evenly flat at the very least

frugal_mike

Well under the distance selling regulations they have to refund the postage to you if you cancel. This has nothing to do with whether the items are faulty, they just have no right not to refund the postage.

The distance selling regulations also state that they have to refund or pay for the postage back to them if you have the right to reject the goods. this is where the Sale of Goods act comes in. If the goods are faulty or not of sufficient quality you have the right to reject them.

If you want to return under the distance selling regulations then you have to cancel in writing or other durable means. If they were fully compliant with section 8 (i think) in notifying you by durable means of your right to cancel then you have 7 working days starting the day after delivery to notify them you wish to cancel. If they didn't comply tgen you have up to 3 months and 7 working days.

If you paid by paypal then you may be able to use that to get your money back. You may also want to report them to trading standards for not complying with the distance selling regulations.

hollydays

That's not correct

frugal_mike

hollydays wrote: »

That's not correct

What's not correct?