Ebay seller refuse refund due to packing being opened

heuchan

Hi Hope you can help. I bought a pair of headphone from a ebay seller and when I tried them on they were too big for me. I emailed the seller and he said that he is state in his t&c that all items must be returned I. It's original packaging and same condition as when shipped. He said that since the packing has been opened then it is NOT in its original packaging or condition. He then said that he is a small and can't re-seal the packing so would not be about the sell this for the same price. So far he has refused to refund and what me to reduce the refund cost and pay for return costs. Help thank

DoaM

Is the seller a business or private individual? (The distinction is important).

naedanger

heuchan wrote: »

Hi Hope you can help. I bought a pair of headphone from a ebay seller and when I tried them on they were too big for me. I emailed the seller and he said that he is state in his t&c that all items must be returned I. It's original packaging and same condition as when shipped. He said that since the packing has been opened then it is NOT in its original packaging or condition. He then said that he is a small and can't re-seal the packing so would not be about the sell this for the same price. So far he has refused to refund and what me to reduce the refund cost and pay for return costs. Help thank

What type of packaging was it that you opened? (If it was in a sealed blister pack then you are probably not entitled to a full refund.)

marliepanda

Sellers can now make deductions from refunds for opening packaging etc.

George_Michael

naedanger wrote: »

What type of packaging was it that you opened? (If it was in a sealed blister pack then you are probably not entitled to a full refund.)

Why?
The CCR's explicitly state that a refund cannot be reduced provided that the consumer has only established the "the nature, characteristics and functioning of the goods", something that would be impossible to do if the headphones were required to remain in a sealed blister pack.

I know that the regulations state that you can normally handle goods to the same extent as allowed in a shop and as most shops generally have headphones on display for you to try for size and sound quality, I don't think that the OP has gone beyond what they are entitled to do to test their purchase for suitability.

naedanger

marliepanda wrote: »

Sellers can now make deductions from refunds for opening packaging etc.

Not always. Customers are usually entitled to handle/inspect goods to the same extent they could in a shop.

So if the headphones were expensive and in a opaque box then the op would probably have been entitled to open the box, including any shrink wrapping, and still get a full refund on return as customers are usually able to inspect such items in a shop.

On the other hand, if the op had broken any hygiene seals then they would not be entitled to a full refund.

naedanger

George_Michael wrote: »

Why?
The CCR's explicitly state that a refund cannot be reduced provided that the consumer has only established the "the nature, characteristics and functioning of the goods", something that would be impossible to do if the headphones were required to remain in a sealed blister pack.

I know that the regulations state that you can normally handle goods to the same extent as allowed in a shop and as most shops generally have headphones on display for you to try for size and sound quality, I don't think that the OP has gone beyond what they are entitled to do to test their purchase for suitability.

Your second paragraph is key. If the op can show that the headphones would generally be available to handle outside the packet in shops then I agree with you. (My own view is that blister packed items are not normally available for any further inspection outside the packet. In other words even in shops you take a risk buying blister packed items. However my experience may not be typical.)

neilmcl

marliepanda wrote: »

Sellers can now make deductions from refunds for opening packaging etc.

Not as simple as that. They could only do this if the consumer's handling goes "beyond what is necessary to establish the nature, characteristics and functioning of the goods".

powerful_Rogue

George_Michael wrote: »

most shops generally have headphones on display for you to try for size and sound quality, I don't think that the OP has gone beyond what they are entitled to do to test their purchase for suitability.

Depends on the shop and the price of the headphones.

I normally pick mine up from Tesco/Argos etc and they always come in a blister pack with none on display.

gycraig_2

Not 100 percent sure but isn't it to do with hygiene ?. Same with underwear etc no shops will return them unless faulty.

Not sure how they fall in with distance selling though google has about 50 answers

unholyangel

gycraig wrote: »

Not 100 percent sure but isn't it to do with hygiene ?. Same with underwear etc no shops will return them unless faulty.

Not sure how they fall in with distance selling though google has about 50 answers

Yes and no.

You have the right to cancel contracts for underwear etc - but the right to cancel can be lost if:

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;