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Did I have a right to have goods returned to seller etc, etc.

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  • GadgetGuru
    GadgetGuru Posts: 864 Forumite
    Tenth Anniversary 500 Posts Name Dropper Combo Breaker
    soolin said:

    I suspect OP realised that the cost of return was at their own expense and tried to get round that cost, and has muddled things in the process. 

    This was my first thought also.....
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,292 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 18 March 2023 at 12:46AM
    What was the value of the purchase OP?

    I assume the seller was a trader? 

    Did you ask for this shelf to specifically be, for example, 122cm long, ask for finish that wasn’t on offer, etc or did you simply pick options on the listing (or there was no options and the listing was just for x shelf)?

    If the seller was a trader then in the situation described, if the goods were not made to your specification or personalised, as you are entitled to cancel the contract and as risk has not passed a refund would be due, although perhaps not with eBay’s assistance as their cover excludes “The buyer refused delivery for any other reason” (other than underpaid postage). 

    If the goods were made to your specification/personalised then there isn’t a right to cancel but even so where the contract is breached by fault on the consumer’s part the trader is typically only permitted to retain costs or loss of profit.

    I’m unsure whether delivery of goods from the CRA would apply as that allows you to treat the contract at an end if the trader does not deliver, however it is your deliberate actions that has caused that to occur which may complicate matters but odds are probably greater that you picked a size and/or finish or purchased set shelf so it’s hopefully academic. 
    In the game of chess you can never let your adversary see your pieces
  • richard_3095
    richard_3095 Posts: 130 Forumite
    Part of the Furniture 100 Posts
    edited 29 March 2023 at 3:43PM
    I got my refund from the seller, becauyse after all the carrier indicated it sent goods ba ck to shipper. Simple case really, just complicated by my closing a return case with Ebay.

    "I suspect OP realised that the cost of return was at their own expense and tried to get round that cost, and has muddled things in the process. "  Dead wrong actually as to seeking to get round paying return expenses. That thought never entered my head..

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