Ebay refused refund

mgfvvc

I bought a bed for my daughter from an ebay seller called lantianpowerltd. After using it for 3 weeks it collapsed. I opened a return case.

The seller sent me out a replacement part, but I said I didn't want a replacement and I wanted a refund. They also said that the address on the ebay shipping label could not accept returns and they would give me a warehouse address to return it to, but they never did.

They then asked ebay to close the case because they had supplied a replacement. Ebay have said I because they shipped a replacement I will not get a refund.

I consider the bed unsafe and will not use it.

If I click through the links to appeal their decision, I just get redirected back a page telling me a decision has been made.

I feel that ebay are supporting the seller in ripping me off.

Is there anything I can do?

born_again

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

mgfvvc

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

So I have to accept a bed I consider unsafe for my daughter to sleep in?

the_lunatic_is_in_my_head

You should go back to eBay as the seller should arrange the return if the item is too large for the standard label. eBay's  guarantee terms don't support replacements (from what I remember through experience).

It really should be the seller arranges the return and you get a refund or if the seller doesn't bother then you get a refund any way.

mattyprice4004

mgfvvc said:

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

So I have to accept a bed I consider unsafe for my daughter to sleep in?

The chances are it was a one-off faulty part. 
The retailer has the choice to repair, refund or replace the item - if you don't feel comfortable with their decision then that's your issue unfortunately. 
You do have a short term right to reject, as per the Consumer Rights Act - but this is within 30 days of purchase. 
It's worthy of note that your rights are against the seller, not eBay - eBay just tries to arbitrate issues. If the seller is un-cooperative you'll have to either go down the chargeback / section 75 route (depending on how you paid) or Small Claims. 

born_again

mgfvvc said:

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

So I have to accept a bed I consider unsafe for my daughter to sleep in?

Well they've at least now had their one opportunity to replace/repair it, and if it has sorted it, then I'd leave it for now.

BUT... if it does break again, then you can reject it for a refund.

the_lunatic_is_in_my_head

mattyprice4004 said:

mgfvvc said:

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

So I have to accept a bed I consider unsafe for my daughter to sleep in?

 
It's worthy of note that your rights are against the seller, not eBay - eBay just tries to arbitrate issues. 

OP has a legal agreement with eBay (governed by the laws of E&W) which includes a guarantee with specific terms.

They do actually mention replacements, my bad, but say

Buyers and sellers may agree to another solution, such as a full or partial refund while the buyer keeps the item, or a replacement item instead of a refund.

Doesn't sound like the OP agreed though. 

bris

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

It's only 3 weeks old they have a 30 day right to reject.

born_again

It was the "Used" for 3 weeks, but no mention of timescale from purchase. 

Manxman_in_exile

I'm often surprised when people start new threads on here - often with a lot of irrelevant detail - but fail to mention things like dates etc.

Maybe it's because I come from a working background where dates and timelines were important factors, but surely you don't need to have insider knowledge of consumer law to appreciate that simple facts like when you bought something and how long you had it before it broke or malfunctioned might be significant?

WhoopsIDidItAgainITrolledWithYourHeart

the_lunatic_is_in_my_head said:

mattyprice4004 said:

mgfvvc said:

born_again said:

Retailer has the right to choose what they do in the 1st instance. So by providing a replacement they have fulfilled their rights.

So I have to accept a bed I consider unsafe for my daughter to sleep in?

 
It's worthy of note that your rights are against the seller, not eBay - eBay just tries to arbitrate issues. 

OP has a legal agreement with eBay (governed by the laws of E&W) which includes a guarantee with specific terms.

They do actually mention replacements, my bad, but say

Buyers and sellers may agree to another solution, such as a full or partial refund while the buyer keeps the item, or a replacement item instead of a refund.

Doesn't sound like the OP agreed though. 

They have contractual rights against eBay but legal rights against the seller.

Come on lunatic, surely you know this by now.