My Rights - Incorrect Item Received

charlies_mum

Just checked on eBay and it looks like they sell for about £7 ( unless I'm looking at the wrong thing ) The seller won't be able to resell, and if it was me I'd just tell the buyer to bin and refund

However, if the buyer is being as rude to them as they are being on here, maybe I wouldn't

mrcol1000

Just open a case for SNAD, return by a tracked method and get your money back. It really doesn't matter what the seller has said.

If you endure this much drama over being sent the wrong items on Ebay then I dread to think what living with you is like day to day.

pinkshoes

Mikeinho wrote: »

However, if like me you are a 'normal', hard working, sleep deprived, first-time parent, then no... it really is NOT at all obvious from the packaging that these may not contain the teat ordered. I made the schoolboy error (once again) of assuming that someone who trades on eBay is a competent, trustworthy human being. I opened the jiffy bag, I saw they were teats for Philips Avent bottles, I remembered I had ordered teats from eBay, and just opened the packs. How dare I... "what an idiot", I hear you cry! "Your type shouldn't be allowed to breed", would be a fitting criticism. Yes?

Handbags at 20 paces...

Afraid I'm not a first time mother. Just a mum of a 7 year old and twin toddlers, one of which has slept less than 30 nights in over two years...

But I do at least admit when I make a mistake and don't blame others...

Yes, it was annoying they made a mistake and sent the wrong item, but you also made a mistake not checking before unwrapping.

By all means send it back, but under distance selling laws the seller would be allowed to deduct a fair amount for loss of packaging.

Pun

Mikeinho wrote: »

1. If a trader believes they have honoured a sale agreement, but I haven't received goods as ordered, what are my Consumer Rights?

2. If by coincidence, the same trader sends me something I never ordered and I opened it thinking it was something else, what recourse do they have other than to arrange collection of said goods?

Where's a community spirited legal eagle when you need one?

Reading your posts, but with a sense of despair. Making a massive psuedo-legal drama over something like this is nonsense. As you say, you are sleep deprived etc etc, but even so you are going way over the top (and wasting a lot of time and energy you haven't got).

You were sent an incorrect item but could have seen that before opening the package. Given the nature of the item, it is entirely reasonable that the seller will not accept a return. However, this is ebay, so it's worth opening a case for SNAD and seeing what happens.

Concentrate on looking after your cherished (and I trust flourishing) child - he or she will never be as young again as they are at this moment.

Mikeinho

charlies_mum wrote: »

Just checked on eBay and it looks like they sell for about £7 ( unless I'm looking at the wrong thing ) The seller won't be able to resell, and if it was me I'd just tell the buyer to bin and refund

However, if the buyer is being as rude to them as they are being on here, maybe I wouldn't

Rude? Now now madam... let's not make this personal.

Shall I remain a gentleman and refrain from offering a personal quip? I shall.

And a good day to you too.

Mikeinho

Pun wrote: »

Reading your posts, but with a sense of despair. Making a massive psuedo-legal drama over something like this is nonsense. As you say, you are sleep deprived etc etc, but even so you are going way over the top (and wasting a lot of time and energy you haven't got).

You were sent an incorrect item but could have seen that before opening the package. Given the nature of the item, it is entirely reasonable that the seller will not accept a return. However, this is ebay, so it's worth opening a case for SNAD and seeing what happens.

Concentrate on looking after your cherished (and I trust flourishing) child - he or she will never be as young again as they are at this moment.

Kind and wise words, thank you. And she is flourishing, you'll be glad to hear. She's very polite (just like her old pappy), and sleeps just long enough to let me pick up the old tablet and ramble on about the "deplorables" out there in the wider world.

As a 'champion' of standing up for the rights of the little guy, it's difficult for me to look the other way. Money isn't the issue here, it's the principle, as you and SOME others may have gathered.

And this isn't just one conversation about one thing, I trust you understand. People of all sorts through the course of their day and usual interaction with myself in business (and life in general), do frequently asked my advice on these types of matters.

It's always good to gain & maintain a sound (and legal) understanding of what's expected, relevant, and the rights of the consumer, as none of us are immune to human nature and the follies that come with this condition.

Generally speaking, I don't debate on forums. Ask questions, give advice, leave the rest to one side. Not even sure why this topic has caused me to involve myself to this degree. Perhaps I'm suffering from the condition I heard someone refer to as "baby brain"? Who knows. Don't know what that is.

Anyway, I'm still chatting with the seller on eBay about consumer rights, and they are digging their heels in. Just need to be satisfied that they are digging their heels in to custard as opposed to solid ground.

If the total end result is that they pay more attention when picking & packing their products for sale, then I've helped some other victim in future, as they're more likely to get what they ordered and paid for.

Mikeinho

pinkshoes wrote: »

Handbags at 20 paces...

Afraid I'm not a first time mother. Just a mum of a 7 year old and twin toddlers, one of which has slept less than 30 nights in over two years...

But I do at least admit when I make a mistake and don't blame others...

Yes, it was annoying they made a mistake and sent the wrong item, but you also made a mistake not checking before unwrapping.

By all means send it back, but under distance selling laws the seller would be allowed to deduct a fair amount for loss of packaging.

Yes yes dear. My mistakes are well documented. Their mistake is not "annoying", at least not to me. I accept they made a mistake when picking and packing. Little things, not worth getting annoyed about.

And I'll refrain from getting into a "who has lost the most sleep" competition. I'm very sorry for your loss (of sleep), and can only hope that the good spirits of Pillowland bless you with eternal beauty and good fortune.

The point I made (which you appear to have missed due to lack of sleep), was that they have made a mistake that has cost me money. I'm not involved in putting together a sound business model that they should trade by. Simply put, their mistake, their problem.

It wouldn't matter a jot had I opened the packets and stuck them up a dog's backside... they still have not honoured our sales agreement. They are more than welcome to collect the goods they sent in error. What they do with them is their business. Stick them up a dog's backside for all I care.



Edit:

Actually, I do care about animal welfare, so maybe not that last thing. Delete and replace with, "... stick them up their own backside".

Mikeinho

NBLondon wrote: »

Is the correct answer to both questions... It is not a coincidence - it is a mistake by the supplier (as you have double-checked that you ordered the right item). You are probably thinking of the law/rights about unsolicited goods - these are not unsolicited - you placed an order with the seller - they are incorrect. So, raise the case, get the return label and get either a refund or a replacement.

Sorry, just one question. SNAD? Can't work out the acronym.

If you could enlighten me, I'd be very grateful.

Thanks.

theonlywayisup

Mikeinho wrote: »

Sorry, just one question. SNAD? Can't work out the acronym.

If you could enlighten me, I'd be very grateful.

Thanks.

SNAD Significantly Not As Described.

eBay has it's own returns procedures. If a seller sends you something which is SNAD, you open a case, the seller and buyer have 8 days to resolve the issue and if it remains unresolved the buyer/seller can escalate the case to eBay who make a decision.

If a SNAD is opened the seller must either resolve the issue, upload a prepaid returns label or refund without a return.

Not having commented on your thread, the only thing I will pick up on is that if you ordered from a multi listing (a drop down menu of choices on one listing) there was/is a glitch where the seller is only given the fact you've ordered an item and not specifically which one. I have ended lots of my multi listings because of this issue. Just because something is wrong doesn't mean one of you [or both] has made a mistake!

martindow

Mikeinho wrote: »

Y

It wouldn't matter a jot had I opened the packets and stuck them up a dog's backside... they still have not honoured our sales agreement. They are more than welcome to collect the goods they sent in error. What they do with them is their business. Stick them up a dog's backside for all I care.



Edit:

Actually, I do care about animal welfare, so maybe not that last thing. Delete and replace with, "... stick them up their own backside".

Nice. If your messages to the to the seller are in this vein it's not surprising that they are digging their heels in.

Have you opened a SNAD claim?