Ebuyer Refusing Exchange/Return

moneymakeoverstudent

I sell online and have a few points to make. Under EU law If this item was buy it now and not won in auction, you have 7 days from receipt to change your mind and 14 days to return it. If the item arrived damaged the Sale of Goods Act applies because I think EU law now states that the law applicable is that of the buyers country not the sellers country. Damaged Goods are refunded in full plus the return postage if the seller requires a return.


If you paid by Credit card the money should be refunded to your credit card and section 75 applies to make the credit card company jointly liable with the retailer. You don't have to obtain court judgement first.


If you paid by debit card then contact your bank and instruct them to instigate a charge back against the sellers Bank not the seller. If either bank refuses the chargeback ask for a final letter or after 8 weeks without a final letter go to the Financial Ombudsman.


There are too many such frauds on the internet so don't let them get away with it.

moneymakeoverstudent

I will be interested to know how you get on with your chargeback and to hear the experiences of others. I am posting a new thread ( if I can work out how to do it.)

bod1467

Ref post #32 ... you're out of date. The cancellation notice period is now 14 days not 7, with a further 14 days to return the goods. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply.

StuieUK34

Ebuyer hit me with this today:
""
You have agreed to check the item on arrival within 7 days. I understand that it was a gift but the item still needs to be checked fully on arrival. The fact that the box was damaged makes this point even stronger, even if the damage was in a different location the unit should have been powered on to check for signs of cracks.





The time in reporting the issue is from when the item arrived so it was 14 days before it was reported and the item is damaged so it can’t be actioned as a faulty unit as damage void the warranty. "


As I said from the start, the box damage as I found out when I opened the lid of the box, was minor, as the hole in box went to a void... If the hole in the box was on the other side, then it would be a different story...
This is why I didn't remove the many layers of protective stuff as all seemed OK, including the screen (was unable to see the defect on the screen, as all edges are covered with a padded white sticky strip)...

Item has gone back to ebuyer, fingers crossed my bank see that I only wanted a replacement/non defective screen, didn't want a refund.