Ebay refund, but not on return postage

PaulJM

Hello,

I ordered a Gazebo from Ebay a few days ago, and checked it - I found a problem whereby one of the intergrated locking pins was missing from the frame, so it wouldn't go up properly.

I emailled the seller a couple of times, with no mail back, so I put in a claim with PayPal (Ebay said because I'd paid as a guest via PayPal, this is the way I needed to do it, or some other nonsense)

PayPal came back almost immediately and told me I'd get a refund if I send it back - a refund of the item and the original postage (which is £8! - it's heavy)
They won't offer the postage back to the seller though, and say that's up to him - but obviosuly, I can't get through to him!

Do I have rights to claim the postage back somehow here? And how?

I can't even leave him bad feedback - it says you can't leave negative feedback within 7 days! Argh. Ebay seems more and more iun favour of the sellers than the buyers now..

PaulJM

THey've offdered the refund on the postage too, after I'd quoted the sale of good act -


I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that,
where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979),
the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis-applied.

Pity I had to do this, but hey ho.

wealdroam

PaulJM wrote: »

THey've offdered the refund on the postage too, after I'd quoted the sale of good act -


I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that,
where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979),
the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis-applied.

Pity I had to do this, but hey ho.

Who has offered refund on the postage too?
I can only assume you are talking about Ebay here, as you have already told us you cannot contact the seller.

You do understand that you bought nothing from Ebay, don't you?

Ebay only supply the selling platform allowing the seller to reach a buyer, and as such you have no right to quote that part of SoGA to them.

I guess Ebay made the refund as a goodwill gesture... it was cheaper to do that than to argue with you.

But as you say, hey ho.

OlliesDad

PaulJM wrote: »

THey've offdered the refund on the postage too, after I'd quoted the sale of good act -


I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that,
where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979),
the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis-applied.

Pity I had to do this, but hey ho.

Ah yes, nothing quite like misquoting laws. What exactly did Ebay sell to you?

PaulJM

wealdroam wrote: »

Who has offered refund on the postage too?
I can only assume you are talking about Ebay here, as you have already told us you cannot contact the seller.

You do understand that you bought nothing from Ebay, don't you?

Ebay only supply the selling platform allowing the seller to reach a buyer, and as such you have no right to quote that part of SoGA to them.

I guess Ebay made the refund as a goodwill gesture... it was cheaper to do that than to argue with you.

But as you say, hey ho.

It was eBay/PayPal...Part of a way of building confidence I guess.
I quoted sale of goods to the seller. Contrary to popular belief, i'm not that stupid.

PaulJM

OlliesDad wrote: »

Ah yes, nothing quite like misquoting laws. What exactly did Ebay sell to you?

Nothing like misreading posts either eh, judge Judy.

halibut2209

OP didn't say he couldn't contact the seller. He said he had no replies to messages sent to him

PaulJM

Sometimes you get put off posting on here for the sheer volume of smartarses...
Why state "what did you buy of eBay" when you know full well I didn't buy anything off then?
Why not either ignore the post and get on with your day, or say something helpful?

Surely you don't have enough time on your hands to spend your day being antagonistic?

OlliesDad

PaulJM wrote: »

Sometimes you get put off posting on here for the sheer volume of smartarses...
Why state "what did you buy of eBay" when you know full well I didn't buy anything off then?
Why not either ignore the post and get on with your day, or say something helpful?

Surely you don't have enough time on your hands to spend your day being antagonistic?

You say above that Paypal refunded after you had quoted the sales of goods act.

I have plenty of time on my hands thank you.

PaulJM

OlliesDad wrote: »

You say above that Paypal refunded after you had quoted the sales of goods act.

I have plenty of time on my hands thank you.

No, I didn't.

bod1467

PaulJM wrote: »

No, I didn't.

No you didn't - not exactly. But if you read your first two posts in sequence that would be the inference (from how they are worded and structured). I can understand how people came to that conclusion.