soga and return postage costs

alanhunt1

I am a private seller on ebay and sold 2 used electric blankets in separate listings -both bought by the same buyer. i described them as used and the picture of one showed no plug. before posting, i tested one with plug and swapped it to other and tested that before posting both. now buyer has raised a not as described on both items . despite the fact that the buyer has received nothing more or less then he bought - i still offered a refund on return through the 2 separate cases.

however the buyer has constantly badgered me to pay the return postage costs and has now threatened me with small claims court for that ( he has still not returned items)
should i be worried? am i legally liable for return postage costs for 'not as described' (which is possibly debatable) as a private seller?

the buyer has even resorted to calling me an idiot and dishonestly selling faulty electrical goods -which is untrue

Truepat

This is one of the reasons why I am sometimes happier to bin items rather than selling them or giving them away.

When I last used eBay the rule seemed to be that commercial sellers would pay return postage (unless they explicitly stated otherwise) while private sellers did not have to - I have no idea if this is still the case.

The fact one does not have a plug could cause argument. Is that the issue? Would the buyer accept it if you paid for and sent them a plug?

If you are forced to pay for return postage then you have to weigh this up against the value of the items. If it means that it will cost you more than they are worth then basically it may be cheaper to write them off.

If the cost of postage is prohibitive making the items worthless and you are forced to pay return postage (I have no idea of the answer to that one) then rather than pay for the entire items to be returned tell the buyer to cut off the thermostats, return them (much cheaper for you) and tell him to bin the blankets.

Note there is also an eBay board on this site that may provide better help.

Hintza

To satisfy ebay/paypal he will have to send the item back via a tracked method. He could of course take you to court for the return costs.

I am assuming he is only moaning about the plug and you pictured it without but did you explain in the listing it didn't have a plug? I think I would be miffed though but would probably just leave a neutral or if it was a bad day a negative feedback.

I think it was a bit naughty not being more explicit or even better just popping a plug on before selling.

alanhunt1

Thanks
if you read some of the messages from this person then you would see that he/she is totally irrational about the matter. i described (in pictures) 2 blankets and 1 plug effectively and so they are even complaining that the blanket that has the 'additional plug ' is not as described!
with other comments such as i am endangering the lives of her children and whole page rants.
i did btw offer to send them a plug but to no avail

thinking about it rationally then surely the blankets would have to be returned first at their expense (after which i would refund them inc original postage costs- as ebay say) before they can then pursue a case in small claims for the postage?

the blankets only cost around £5 each plus combined postage and the daft thing is that i had dozens of plugs in the attic i could have fitted!

Hintza

If you think you are being reasonable then just stick to the ebay rules and tell him you will refund in full upon return.

A slightly easier option might be to just refund his purchase price and say keep them (if I thought he was trying it on I wouldn't offer this option).

Both of those routes could (but unlikely) end in him pursuing you in court. Just hassle which I imagine you could do without.

powerful_Rogue

I would follow ebays policy and ask them to return the items tracked at their own expense. Upon receipt, refund only the original payment and original postage.

You do not have to refund the return postage. Make sure they send them tracked - ebay/paypal require the tracking number.

As for small claims court?
1) It wouldn't be worth their time and effort for the sum of around £10
2) The judge would laugh it out! As a private sale, they have no legal right to the return postage being paid.

alanhunt1

I agree that it would not be worth the hassle of the court for the amount - but if you saw the ramblings of this person!!

basically i described in pictures 2 blankets and one plug - and that is what they got but because i swapped the plug, ( in order to test both prior to posting) then i imagine they could have a case there...

i might offer to pay for return costs of plugless blanket and make them keep the other one and see what they say- at least then i have met my legal obligations under soga. assuming of course they apply to a private sale? - i have heard conflicting opinions about that

frugal_mike

The Sale of Goods Act applies to all sales, but only certain parts of it apply to private sales. Basically the items need to be as described, so it would hinge on exactly what is in your listing.

alanhunt1

that's as i thought, thanks. so even though the plug was still sent, the fact that it wasn't attatched to the blanket means i am liable.
I assume that also makes me liable for return postage as well then?- but i am content to pay for that now.
the buyer will no doubt still continue to say that the other blanket is not as described because it DOES have a plug despite the fact that the picture doesn't show it! despite moaning that i could not be bothered to fit a plug to the other one!! don't think i could ever win on this one. i will be more careful in future!

powerful_Rogue

This isnt diffcult! Its an ebay transaction. If they complain to Ebay, ebay will make them send the items back to your via a tracked service.

Once received (they will have to provide the tracking details to ebay), ebay will then make you issue a refund of the original amount paid.

You will not need to refund their return postage.

Seriously, stop making life difficult for yourself!