Tricky Return

Valli

naf123 wrote: »

Wow all the posters here really know the soga law!

I actually recently bought a bag (£15 + 4.99 delivery) on ebay for holiday and the very first time I used it on holiday it ripped! (poor stitching)

When I got home, I contacted the seller - he told me to return to him at my own cost? But the bag was faulty?? I want to double check with you guys what is the law? I was on holiday for 2 weeks so have I missed deadlines? Should I complain via ebay and get PayPal to refund and leave him a poor review?

You need to start your own thread.

shak2

unholyangel wrote: »

The difference between loss of bargain and SoGA claims is that in loss of bargain, the breach of contract is within the retailers control and that it should have been foreseeable.

The seller had ample time to set aside a replacement while the replacements were still in stock and the faulty item was in their hands (about 6 days), yet didn't. And with the limited quantities of the replacement due to the sale pricing it seems like they could have forseen that a replacement would not have been possible. Right?

But even then, I asked that they return the faulty item to me and they refused. Does that give extra weight to the breach of contract?

Valli

shak2 wrote: »

The seller had ample time to set aside a replacement while the replacements were still in stock and the faulty item was in their hands (about 6 days), yet didn't. And with the limited quantities of the replacement due to the sale pricing it seems like they could have forseen that a replacement would not have been possible. Right?

But even then, I asked that they return the faulty item to me and they refused. Does that give extra weight to the breach of contract?

Stop asking now; you've been given answers; you're still not happy. You've been directed to another forum; I suggest you try there.

shak2

Valli wrote: »

...possibly in the hope of a different answer or someone turning up and saying YOU are right and you deserve your widget back or money to buy one elsewhere.

And yet that's exactly what has happened. Someone has bought up breach of contract. And there's a DISCUSSION if that relates to the case or not. Please stop posting if you have nothing useful to add again.

powerful_Rogue

shak2, are you willing to go to court regarding this?

unholyangel

shak2 wrote: »

The seller had ample time to set aside a replacement while the replacements were still in stock and the faulty item was in their hands (about 6 days), yet didn't. And with the limited quantities of the replacement due to the sale pricing it seems like they could have forseen that a replacement would not have been possible. Right?

But even then, I asked that they return the faulty item to me and they refused. Does that give extra weight to the breach of contract?

You're focusing on the remedy rather than the actual breach. The breach was that the goods failed to conform to contract upon delivery - not that they failed to send you a replacement.

Please do try and find loss of bargain precedence that is similar to your own circumstances and where the judge overruled the SoGA. Because I can't find any.

powerful_Rogue

unholyangel wrote: »

You're focusing on the remedy rather than the actual breach. The breach was that the goods failed to conform to contract upon delivery - not that they failed to send you a replacement.

Please do try and find loss of bargain precedence that is similar to your own circumstances and where the judge overruled the SoGA. Because I can't find any.

Exactly. "Loss of a baragin" gets thrown around quite a lot, however its amazing how little information there is regarding it online.

If "Loss of a baragin" was as clear cut as the OP hopes it is, it would have serious rammicifactions on the retail industry.

vaio

unholyangel wrote: »

.......Please do try and find loss of bargain precedence that is similar to your own circumstances and where the judge overruled the SoGA. Because I can't find any.

you won't find any such precedents because loss of bargain (and all the other long established common law contract rights and remedies) are in addition to SoG, they weren't replaced by it.

shak2

powerful_Rogue wrote: »

shak2, are you willing to go to court regarding this?

Yes I am willing to take it to court if I have a case. Right now it's 50/50 I think.

shak2

unholyangel wrote: »

You're focusing on the remedy rather than the actual breach. The breach was that the goods failed to conform to contract upon delivery - not that they failed to send you a replacement.

But the goods did conform to contract upon delivery. The fault developed later after using the product.