Faulty items return postage

naf123

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 just ripped! (poor quality 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 according to the seller, I've missed deadlines.

Should I complain via ebay and get PayPal to refund and leave him a poor review? Or is there a specific law that I can quote to get him to pay for return postage costs?

I told him I am happy to let ebay/paypal resolve this he was quite aggressive saying he will reject a refund etc etc and I am being difficult etc etc

But £5 postage is a lot really...its a big item...

halibut2209

Is he a business seller?

naf123

halibut2209 wrote: »

Is he a business seller?

yes, registered as a business seller, with 100% positive feedback.

wealdroam

naf123 wrote: »

...is there a specific law that I can quote to get him to pay for return postage costs?

Why don't you read MSE's Consumer Rights article?

In there you will find that, generally speaking, when purchasing from a business they must cover the cost of the return.

Ebay/Paypal will not always insist on that though.
That doesn't mean that Ebay/Paypal are acting outside the law, just that their help to you does not always extend as far as we might like.

naf123

wealdroam wrote: »

Why don't you read MSE's Consumer Rights article?

In there you will find that, generally speaking, when purchasing from a business they must cover the cost of the return.

Ebay/Paypal will not always insist on that though.
That doesn't mean that Ebay/Paypal are acting outside the law, just that their help to you does not always extend as far as we might like.

The problem is, I bought over two weeks ago and used it for the first time on holiday and now it been 3 weeks.

I read the article you mentioned - but it doesn't say who pays for return costs

frugal_mike

naf123 wrote: »

The problem is, I bought over two weeks ago and used it for the first time on holiday and now it been 3 weeks.

I read the article you mentioned - but it doesn't say who pays for return costs

The Sale of Goods Act states that the seller is responsible for all costs incurred in providing a remedy to the consumer if the goods don't conform to contract. Postage costs are explicitly mentioned as one such possible cost. The seller should cover the cost of the postage.

Is the seller refusing to cover the return postage at all, or is he saying to send it to him and he will reimburse you?

naf123

frugal_mike wrote: »

The Sale of Goods Act states that the seller is responsible for all costs incurred in providing a remedy to the consumer if the goods don't conform to contract. Postage costs are explicitly mentioned as one such possible cost. The seller should cover the cost of the postage.

Is the seller refusing to cover the return postage at all, or is he saying to send it to him and he will reimburse you?

He is saying because it is outside the 14 day limit as stated in t&c, he will not pay for postage. Is that true? So far he refused to cover postage.

bod1467

The seller is making the usual mistake of thinking his T&Cs supersede the law - they don't.

Perhaps send him this link and suggest he looks at item 4?

Any refund, repair or replacement you arrange with your customer relating to faulty goods must not cause them too much inconvenience and you will have to pay for other costs, for example, collection or delivery.

http://sogahub.tradingstandards.gov.uk/explained