Small claims court - eBay private seller?

Robbo33

Any good advice very much appreciated:

I bought a rug on eBay, used, private seller.
Arrived, initial inspection OK, seller had been very helpful in shipping it (had originally been listed pick up only)
I arranged shipping via TNT, paid and emailed label.
Gave positive feedback as was very happy rug had arrived and initially looked fine. I wish I hadn't given the feedback.
Rug was described as 'very good condition, a few small stains barely visible'. No other details given.
Closer inspection in daylight showed burns and stains that were most definitely visible. Also strong smell from water damaged bit under the rug. No mention of burns or anything else in listing.
After several emails in which seller disputed the burns and the general 'state' of the rug, she agreed (in eBay messages) to refund cost and shipping, and pay for shipping for return.
She emailed me shipping label, I returned rug.
I got the refund for the rug, but NO REFUND FOR ORIGINAL SHIPPING.
Seller now out of communication.
Shipping was arranged separately, not through eBay.
I would not have bought the rug, and therefore would not have paid £25 shipping, if it had been listed accurately.

Can I take her to small claims court? Am I 'in the right'?

THANKS!!

mgdavid

IMO no.
If you couldn't see marks on initial inspection and only found them on re-inspection the next day then they cannot have been very easy to see.
If something's condition is important to you and you cannot be sure without actually handling the item then don't buy on ebay.
Learn lesson, move on.

soolin

I also don't believe you can sue for the cost you incurred in 'collecting' the item.

the_lunatic_is_in_my_head

OP it's better to post on the consumer rights board for this kind of question, my understanding of the SOGA with regards to a private transaction merely stipulates the goods must be "as described".

As the seller agreed to a return at their cost and refund I think you'd be in a good position to argue they agreed it wasn't as described.

The point you need to clarify is are you entitled to be returned to the position you were in before making the purchase, if yes then the outward shipping costs are due to you.

RFW

Robbo33 wrote: »

Can I take her to small claims court? Am I 'in the right'?

The answer to the first question is yes, you can take anyone to court. The answer to the second question is that that is for a judge to decide.

The other question you need to ask is "is it worth it?". For that one, the answer is not really.

To take out a claim costs money, if the seller defends the claim that would cost more money. If you win you will get awarded both sets of costs, depending on the seller's status you may not get any money at all, or an offer of £1 per month. Lots of ifs before you even get to getting any money back.

Try the seller and even Ebay again, politely. Then maybe try a letter before action to the seller, you may frighten them into paying up. Going to court could end up costing you another £100 (if seller defends, then travelling to seller's home town when the court date arrives) that you may never get back.

bris

Condition is subjective, what's excellent to some is not to others. You have no case, especially as it was a private sale.

the_lunatic_is_in_my_head

bris wrote: »

Condition is subjective, what's excellent to some is not to others. You have no case, especially as it was a private sale.

OP says the listing stated "a few small stains barely visible" so it's not subjective.

Brooker_Dave

Next time buy a new one.

Brooker_Dave

I can see why so many private sellers have given up selling things on ebay...

More cost effective to take it down the tip.