eBay - Wrong item received but used

unholyangel

marliepanda wrote: »

People can claim anything they like, it doesn't mean that they will be successful. OP claims they were forced to install the lower spec item. I doubt that would stand up in court as something they were forced to do in order to get compo.

I don't think anyone here has said any different.

No need to claim anything was by force and again, I've never mentioned anything about compo.

Even in b2b contracts, damages would be awarded on the prima facie difference in what their value was when delivered and what the value would be if they had conformed.

marliepanda

unholyangel wrote: »

No need to claim anything was by force and again, I've never mentioned anything about compo.

Even in b2b contracts, damages would be awarded on the prima facie difference in what their value was when delivered and what the value would be if they had conformed.

But the OP is wanting the difference in price with compensation on top.

No one has denied that they are due the difference in price back

unholyangel

marliepanda wrote: »

But the OP is wanting the difference in price with compensation on top.

No one has denied that they are due the difference in price back

So why are you arguing my posts? I've never once addressed the issue of compensation other than to say I've not mentioned compensation!

As for denying they're due the difference in price, the post I originally replied to (which started this whole back and forth) was this:

soolin wrote: »

I suspect you are right.

Even though this is ebay they must still comply with the law regarding distance selling. That means assuming this was a business seller and the item was received less than 30 days ago then seller would need to take the item back for a full refund. However, the sticky bit here is that legally the seller can deduct an amount for wear and tear over and above that which is expected if you were able to view the item in the shop. Obviously that does not help you as this might not actually be worth returning.

I specified that those rules are for change of mind returns and that where the goods dont conform, the CRA prohibits a retailer from making deductions within the first 6 months.

I'll also remind you that the OP told us:

I would like to get a refund of the difference between the two prices (which seems the most reasonable thing to do) and, since it forced me to install the cheaper version I did not want would be also nice to get a compensation.

Did I affect my rights by using the item? Will this impact my return?

To me, OP's phrasing is plainly stating that he wants the difference in price and that while compensation would be a nice added bonus, its more of an "optional" request. I'm sure we all think it would be nice to get compensation on top when theres a problem.