Ebuyer Refusing Exchange/Return

Brooker_Dave

If the don't play ball just take them to court via moneyclaim.

[Deleted User]

As an aside.., to prevent disappointment ALWAYs check electrical Christmas presents as soon as they arrive (says someone who have a long awaited Xbox not work on Xmas day.., the previous one had been broken for six months, then stolen by a 'friend' who was supposed to repair it. I finally had the money to replace it.., and this one was broken on the day.) It will never ever happen again. It was the main present and my son ended up with very little on Xmas day because I hadn't checked the xbox.

I order with enough time to replace if broken. It only happens once.

JethroUK

chickendipperbabe wrote: »

If you paid on a Visa Debit Card you still should be able to initiate a chargeback for a refund?.

Interesting if true

There was a big news article just before Christmas about suggesting you contact the credit company rather than go through retailer in many cases of return

unholyangel

JethroUK wrote: »

Interesting if true

There was a big news article just before Christmas about suggesting you contact the credit company rather than go through retailer in many cases of return

You havent heard of chargeback?

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback?_ga=1.12971831.1460550484.1418562683


However it sounds like the news article was referring to section 75 if it said credit company, details of which can be found here:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases?_ga=1.109431685.1460550484.1418562683

StuieUK34

Hey all,
I don't trust the 'Visa Chargeback' advice, as being told to return the item to Ebuyer, and then let them look into it puts me in a position of being £89.99 down and having no item...

If that is how it officially works, then I will do it, but at the moment, just trying to find as much advice as I can get on what to do....

Will happily go down the small claims route, but need to get my facts correct first....
Despite emails back and forth, here is what Ebuyer are saying in short:


When I received the box, because there was a hole in the box, I should have removed the item from the box, removed all packaging, removed protective cover, and removed protective strips, powered up the device to see if it works, etc etc within 7 days of receiving the TFT screen.


My stance is, I saw a hole in the box, I did open the box, but as I saw on the inside, the hole is more a void, as nothing presses against the box, talking about an inch void....
I could also see it was the back of the TFT screen, not the glass side.
I did pull the TFT screen out of the polystyrene, and pulled open the protective sleeve the screen was in, to look at the back of the TFT as well as the glass front.
As all looked OK, it was put back in the box ready to wrapped up as an Xmas present. 14 Days later, it is opened on Xmas day (received on the 11th dec).


Because I felt the hole in the box had zero damage against the product inside, I didn't feel the need to remove ALL wrappings from the screen. It was only on Xmas morning when it was opened, and the sticky bubble strips that go along the side of the screen were removed, we could see the damage as shown in the photo on Page1...
That is not smash damage, but more a defect I believe. That corner of the screen was inside polystyrene, hence I believe it not to be smash damage.


Question is, as much as I am 100% firm that I have received damaged/defective goods, taking it to the small claims which I will do, is it a case of the
"law states that unless you fully inspect a product from the date you receive it within 7 days, you cannot return for an exchange/refund once opened and you find the product is defective ????"

I read that the "Consumer Contracts Regulations" replaced the DSR regulations.... As part of the CCR, the days extended for returns was changed from 7 days to 14 days.....


So, although the product was opened on the 14th day, I could not return it on the 14th day, as it was a bank holiday!!


However, I think ebuyer are trying to put the onus on Yodel courier, to say that they damaged the goods, so in theory they would seek compensation from them if I had mentioned it within 7 days of receiving the product...
But, I don't believe the item was damaged in transit, hence the photo....
Like mobile phone insurance companies who don't pay out as phone screens aren't smashed in the "usual way", I cant see the "usual" smash damage you would get from bad transit....

I am 100% certain the screen left ACER factory in a damaged state..
How do I use the law to seek a loss ??

wealdroam

StuieUK34 wrote: »

I read that the "Consumer Contracts Regulations" replaced the DSR regulations.... As part of the CCR, the days extended for returns was changed from 7 days to 14 days.....


So, although the product was opened on the 14th day, I could not return it on the 14th day, as it was a bank holiday!!

It won't help you at all now, but...

That's not what the CCRs say.

They say you have 14 days after delivery to cancel the order. You then have another 14 days to return the goods.
So theoretically, you could've sent the cancellation email on 25 December and still been ok.


Your argument is that the packing wasn't damaged in the area of damage to the product, thus the damage was done before the goods were packed.

Unfortunately, it can also explain exactly the opposite... i.e. that the damage occurred after the goods were unpacked.

Small Claims Courts work on the balance of probabilities, and I am unsure which explanation the court would deem probable, are you?

In my opinion, I would go down the chargeback route.
Having returned the goods, and having tracking showing that, your card supplier would find it difficult not to refund your money. I would even suggest that the chargeback would be difficult to challenge by the seller as it is clear that they have the returned goods. Only by again claiming that you have caused the damage, and also returning the product to you, could they expect to win.

Collabora

StuieUK34 wrote: »

Defo not something I done....


and the box when it was delivered (the hole in the box is in the middle, and inside the box, its the back of the monitor... transit damage if any, is nowhere near the chip in bottom left....)

If the box come like that then xmas gift or not i would have opened the box to examine the goods, easy done with a sharp knife/scissors and then taped up again

wealdroam

Collabora wrote: »

If the box come like that then xmas gift or not i would have opened the box to examine the goods, easy done with a sharp knife/scissors and then taped up again

I guess you didn't see this:

StuieUK34 wrote: »

Hi all,
The box arrived with an indent in the middle of the box. I opened the box to see the indent from the box in the middle has nothing on the inside, and is also the back of the screen...
From that, I didn't feel the need to remove the inner wrapping of the screen, and then to remove the sticky wrapping around the edges of the monitor, given the indent is in the middle of the box.....

Ms_Chocaholic

Collabora wrote: »

If the box come like that then xmas gift or not i would have opened the box to examine the goods, easy done with a sharp knife/scissors and then taped up again

See post 26, he did!

StuieUK34

Any last input from anyone before I send it back to Ebuyer, and then pass all details/photos/notes to my bank to let the chargeback take over it ????

For those that have got there money back via Chargeback, how long does that process normally take ??