Help!

sugarplum10

Hi guys,
I recently bought a used pram from ebay. In the listing it said that the basket was frayed but said the rest of the pram was in like new condition.
I assumed that the pram came complete as it didn't state that anything was missing however it has arrived without raincovers. I looked back over the listing and I guess as it doesn't state that it is complete I will have to let that go, however, the fray to the basket is infact a rip with the metal spike sticking out, the pram was covered in food and what looked like milk, and the seat fabric is frayed and the hood is faided.
I took pics of it all and emailed the seller, go no reply after 48 hours so opened up a dispute asking for a partial refund to cover the fabric replacement and a new basket which work out at approx 25% of what I paid for the item.
Seller denies that there is anything wrong with the pram but will do a complete refund if I pay to return the pram.
It's in 2 boxes as a double pram and will cost almost £40 to return!!!
I have replied saying that I am happy to return for full refund as long as they cover the postage as the pram is not as they described.
Where do I actually stand with this though, will ebay say I have to cover the postage and be £40 out of pocket.
I have photographed all the faults and sent to ebay, alongside a screen shot of the parts website showing the prices of the replacement bits, will this be enough for ebay to honour my request for a partial refund, I'm so gutted as the pram was quite expensive with postage charges and was my Christmas prezzie from hubby and kids.

Please can anyone advise me on how I can resolve this

QuackQuackOops

Your seller is correct not to give you a partial refund and Ebay wont issue you a partial refund either.

If the pram is not suitable you must return it at your cost.

If you say its not as described, it is your word against the sellers and so the seller will want the pram returning before paying you any money back.

sugarplum10

It's not my word against theirs I have photo graphic proof of a huge spike sticking out and filthy pram! It's dried in dirt on dirt, the day I received the pram! I could not have gotten it like this in one day! If that is the case I will never make the mistake of buying from there again. No protection for me at all, I thought under distance selling law I would be protected but I have to return at my expense when they have sold me something faulty! This is horrible! I will close my ebay account after this is sorted as it's a joke!

paulc333

sugarplum10 wrote: »

It's not my word against theirs I have photo graphic proof of a huge spike sticking out and filthy pram! It's dried in dirt on dirt, the day I received the pram! I could not have gotten it like this in one day! If that is the case I will never make the mistake of buying from there again. No protection for me at all, I thought under distance selling law I would be protected but I have to return at my expense when they have sold me something faulty! This is horrible! I will close my ebay account after this is sorted as it's a joke!

if it was from a private seller than distance seller regulations dont apply anyway, if it was a business then things are a bit different.

paulofessex

Distance selling regs may not apply in your case as it sounds like it was a private seller seeing as it was a used item. If so it would be considered as a private sale.

sugarplum10

It was BIN if that makes any difference?

sugarplum10

QuackQuackOops wrote: »

Your seller is correct not to give you a partial refund and Ebay wont issue you a partial refund either.

If the pram is not suitable you must return it at your cost.

If you say its not as described, it is your word against the sellers and so the seller will want the pram returning before paying you any money back.

It's not a question of suitability it's a question of it being not as described and dangerous!

campdave

sugarplum10 wrote: »

It's not my word against theirs I have photo graphic proof of a huge spike sticking out and filthy pram! It's dried in dirt on dirt, the day I received the pram! I could not have gotten it like this in one day! If that is the case I will never make the mistake of buying from there again. No protection for me at all, I thought under distance selling law I would be protected but I have to return at my expense when they have sold me something faulty! This is horrible! I will close my ebay account after this is sorted as it's a joke!

Ebay don't know it's the same pram - could be a photo of any pram.

Open the case, phone ebay, explain how much it costs to return and ask for a label to cover the cost.

Don't get hysterical, people are trying to offer advice.

QuackQuackOops

sugarplum10 wrote: »

It's not a question of suitability it's a question of it being not as described and dangerous!

Oh......so its dangerous?

Why then do you WANT to keep an item that is dangerous?

If Id received a dangerous item that was in such a bad condition then I would not be asking for any partial refund whatsoever.

I would most definitely be wanting to return it for a full refund. Then would take steps outside of Ebay to get returned postage back.


There is no harm in buying on Ebay and you are protected. You will get your money back that you paid.
And couriers will not cost £40 to return it......£10 would cover it.

Yes, it is your word against the sellers because Ebay have no way to prove that the photos you have taken are of the same item.
So the seller says "It was in good condition and here are the photos" and you say "It wasnt in good condition and here are the photos".
Who are Ebay supposed to believe?

I think what youre annoyed about it the fact that there is no raincover with it.......you thought there was one but on checking, you realise that one wasnt listed.
And so now youre "inventing" reasons to want a return.........and thats why buyers have to pay the return postage.

The seller loses one lot of postage. The buyer loses one lot of postage. But the seller has the item back and you have the money paid back.

It cant be fairer than that.

SlowCooker

sugarplum10 wrote: »

It's in 2 boxes as a double pram and will cost almost £40 to return!!!

Have you tried to find alternative methods of shipping that might cost less? websites like parcel2go and parcelmonkey?

sugarplum10

QuackQuackOops wrote: »

Oh......so its dangerous?

Why then do you WANT to keep an item that is dangerous?

If Id received a dangerous item that was in such a bad condition then I would not be asking for any partial refund whatsoever.

I would most definitely be wanting to return it for a full refund. Then would take steps outside of Ebay to get returned postage back.


There is no harm in buying on Ebay and you are protected. You will get your money back that you paid.
And couriers will not cost £40 to return it......£10 would cover it.

Yes, it is your word against the sellers because Ebay have no way to prove that the photos you have taken are of the same item.
So the seller says "It was in good condition and here are the photos" and you say "It wasnt in good condition and here are the photos".
Who are Ebay supposed to believe?

I think what youre annoyed about it the fact that there is no raincover with it.......you thought there was one but on checking, you realise that one wasnt listed.
And so now youre "inventing" reasons to want a return.........and thats why buyers have to pay the return postage.

The seller loses one lot of postage. The buyer loses one lot of postage. But the seller has the item back and you have the money paid back.

It cant be fairer than that.

The wire sticking out is dangerous but as I have said in a previous listing- I can replace this and make it usable, the raincover is £6 to replace, it was nearly £400 for the pram so yes I'm pretty annoyed that there is a piece of metal sticking out!
Your tone is sarcastic and spiteful, these forums are supposed to be for helpful advice not your sour knee jerk reactions something you don't like the sound of.
Fine I'll send the pram back, I just looked at her feedback again and the last person she sold the pram to also sent it back at their expense, she sent it too me 2 weeks after I bought it on bin, it seems she needed it returned from the previous buyer before it couldbe posted to me eh? Oh well once bitten and all that.!