DSR do they apply?

macca9

Hi all, Hopefully I can get some advice.

I was looking on Ebay for a replacement wiper motor for my 98 model seicento. After entering my car details, ebay led me to a seller who was breaking a car for spares. His advert on Ebay was for a "BUY IT NOW" for a picture of the car, with a description saying to contact him via email for prices.
I contacted him by email for a price on the motor which I deemed reasonable, and paid via paypal.
Unfortunately the motor is for the previous model and does not fit my car. I emailed immediately asking for a return address, and a refund for the part, which he has declined, saying he does not do returns unless faulty.
Am I covered under the DSR laws for this, or is it buyer beware as the part was 2nd hand. Throughout this the seller acted under a company name rather than as a private individual.

Many thanks

Nodding_Donkey

If the wiper motor was advertised as being for your model of car and doesn't fit then just raise a SNAD claim with paypal and they will tell you when to send it back, and where to.

macca9

On Ebay it was advertised as a 95 year model, however as the part was not purchased through Ebay, so I don't believe I'm covered through that. TBH it was my own fault for not checking properly, I assumed that the part would fit. Lesson learned. Really just wondered if DSR applied in this case.

Nodding_Donkey

I'd re-advertise the part on ebay and try and get your money back

Ralph-y

you pay ? if Paypal then you can still pursue a refund.

DST will apply if it was a business you purchased from, how ever getting them to comply is a different thing.

Ralph:cool:

londonTiger

I'm out of this forum due to constant bullying by forum members

Ralph-y

"Throughout this the seller acted under a company name rather than as a private individual."

Ralph:cool:

For further details as to how/if you can claim under Paypal I suggest to try posting on the Ebay forum.

Nodding_Donkey

But he didn't buy it through ebay.

jimjames

macca9 wrote: »

On Ebay it was advertised as a 95 year model, however as the part was not purchased through Ebay, so I don't believe I'm covered through that. TBH it was my own fault for not checking properly, I assumed that the part would fit. Lesson learned. Really just wondered if DSR applied in this case.

If the part wasn't advertised for your car and you just assumed it would fit then why should the seller refund? They sold you the part they advertised and you then find it isn't the one you need. The seller has done nothing wrong.

I'd just advertise it back on Ebay again, you may find you get more back for it than you paid - I had that happen to me last year!

macca9

Thanks for all the help guys, think I'll take the advise of trying to sell it off on Ebay, see how I get on with that.

Keep up the good work.

Ripped_off_3

Hi,

I am just dealing with a case on Ebay myself where the seller and eBay are trying to get out of their liabilities. There is a lot of ignorance about what the DSRs mean and excuse me folks but giving an answer as fact , when you don't know the law properly is not on.

Do a search for the OFT document ' A guide for business on distance selling '
(I'm not allowed to supply a link as I'm a new user)

For buying goods from a distance:

If you bought an item on a 'Buy It Now' basis from a TRADER you are covered by the Sale of Goods Act 1979 and the Consumer Protection (Direct Selling Regulations) 2000.

If the seller told you in a pre contract enquiry email that the part WILL fit your car, even if it doesn't say so in the original advert , that email becomes part of the contract and the DSRs apply.

It does not matter that the part is secondhand, it's still covered by the DSRs. However you could not reject it if it says it's secondhand and you wanted a new one.

You are entitled to a full refund if the goods are not as described, faulty or substituted as the contract becomes cancelled once you tell the trader you refuse the goods for that reason. In this case you were told that the motor would fit your car and it does not so you have been misled, even if it was an innocent mistake, and are entitled to a full refund.

The DSRs are quite clear in a case like this:

You can ask for a full refund (including what you paid for delivery) before the goods have been returned.
It is up to the seller to pay for and organise the collection of the goods NOT the buyer.
The seller cannot declare 'no refunds' 'no postage returned' 'buyer must pay return postage' 'restocking fee applies' 'must return before refund' as these are illegal terms and have no legal merit.

Go back to your seller and tell him the above and make sure you get your money back. Make sure you take reasonable care of the goods in the meantime. If he doesn't want to know sue him in the Small Claims Court because you'll win.

Ebay are misleading buyers that they have to give up their statutory rights to get a refund and have organised their Returns system in favour of the seller so that a buyer must pay return costs and wait for a refund etc which is NOT the case. I am currently making a case with the OFT to get Ebay to change their system as it breaks the DSRs and many buyers are losing money. I suggest anyone who has been ripped off, if their case fits the above criteria get in touch with the OFT or Trading Standards and make an official complaint against the trader. If you have been charged return postage for faulty, misdescribed or substituted goods you are protected by the DSRs. The Law says that you should not lose as a result of a buyer making a mistake or trying to pass off goods. I shall be posting a proper webpage on the DSRs when I get this matter sorted properly. Don't get ripped off.

If, on the other hand you have bought something from a trader but have changed your mind over it and want to send it back, contact the trader and tell them you want to return it as is your RIGHT under the DSRs. You are entitled to a full refund including your postage as above, and the seller cannot deduct anything from that refund as above. However you have to pay for the return of the goods. You don't need to send it back unopened or even in the same packaging but make sure you haven't damaged it (take photos before you dispatch.

If a trader sends an item that gets lost in the post or damaged it's the traders problem not yours. Until you have accepted the goods they are the sellers responsibility so don't get paying extra for insurance, it's up to the trader if he wants it insured not you. And don't fall for the line 'if you signed for it, you've bought it and it's your fault if it was busted in the box'. Not true, you have protection under the DSRs