Seller sent wrong item

hubb

After waiting a few days for a toilet pipe connector the package finally arrived via Myhearms left in our wheelie bin ! The seller sent a shower kit instead. This is frustrating because we needed this urgently and now he wants me to send it back. When he receives it he will send me the correct one. I specifically requested my money back. he has made no mention of refunding postage cost of sending this back which will make me out of pocket for his mistake. Is he within his rights to do this ?

Flyonthewall

If he's a business seller than by law he should refund the postage. However, ebay do not enforce it.

If he hasn't mentioned it then ask him about it before returning it and see what he says.

If he's a private seller he doesn't have to refund postage.

If you just want a refund and the seller refuses then open a case to get one, but ebay will still tell you to return the item and they will not force the seller to pay return postage.

hubb

Yes he does because he made the mistake of sending the wrong item. I never asked for a shower kit so why should i lose out on additional postage cost. I think i will open the case in paypal as they seem more behind the buyer.

Flyonthewall

hubb wrote: »

Yes he does because he made the mistake of sending the wrong item. I never asked for a shower kit so why should i lose out on additional postage cost. I think i will open the case in paypal as they seem more behind the buyer.

Ebay/Paypal do not care what the law is on return postage, they can not force the seller to pay the return costs.

You would do better sending a polite message to the seller asking if they'll refund postage. If they say no remind them that is the law for business sellers.

You're right, it's not your fault and you shouldn't lose out but sometimes it just doesn't work that way on ebay and buyers end up out of pocket with returns.

You could ask ebay to give you a returns label if the seller won't pay but they won't always give you one.

hubb

Good grief. As a seller i have always found ebay right behind the buyers. Now i am buying its the other way round.

Flyonthewall

hubb wrote: »

Good grief. As a seller i have always found ebay right behind the buyers. Now i am buying its the other way round.

Ebay are still behind you. They will see this in your favour.

However, that doesn't mean they can force the seller to pay out the extra for the postage. It does mean that they will give you a full refund for the price and original postage costs.

hubb

So by law he has to refund the price of postage but ebay cant enforce it. Thats a contradiction surely?

campdave

If you ring ebay and complain, they may give you a label to return. More productive than ranting on here.

Flyonthewall

hubb wrote: »

So by law he has to refund the price of postage but ebay cant enforce it. Thats a contradiction surely?

Postage costs vary between items. Even the same item sent a different way or perhaps with or without a certain part would be a different cost to post. Ebay cannot randomly take postage costs from sellers whenever a buyer wishes to return an item. Even if they had a set amount per category or even item it just wouldn't be fair because it might not be the actual costs.

Plus, if only doing it because of the law they'd have to make sure the charge only happens with business accounts, but then you've got loads of people who are running a business and have a private account.

Ebay is a selling platform. It is the seller who should make sure they are operating within the law.

So if you were to take the legal route or report the business seller you would be in the right. As far as ebay goes, there's not a lot they can do so long as the seller is following their rules (so offering a refund or replacement upon return).

If the seller deals with the situation badly then leave low stars and negative feedback to reflect that. If buyers continue to do that then ebay will take action against the seller.

hubb

I have no problem with the mistake made as we all make them. It happens. I just feel its unfair if i am expected to pay for postage twice. He sent it with myhearms. Surely he can arrange for it to be picked up again by them.

Flyonthewall

It is unfair but sadly that's just how it is on ebay and you agree to them rules/terms and conditions when you sign up.

He could get MyHermes to come pick it up again but if he's not a decent seller why would he when ebay don't force it? Like i said, contact the seller and see what they say. Claiming it's unfair is pointless when you don't know for sure that the seller won't agree to paying.