E-Bay Rights after incomplete delivery

dinard

I Ordered two Wall Hung Toilet Kit on E-bay This consisted of a Frame and the workings of the toilet there are 5 elements to this so they call it a 5 in 1 it was made by Grohe. they also included a ceramic toilet & Toilet seat and they stated that " the Packege  contains everything to do the job ". I paid i receved the box with the 5 in 1 kit. I contacted them they said the advert was a mistake and should not have included the Ceramic Toilet & Seat.( Not Grohe ) It had now been changed. I asked them to honour the order. They said it had been a mistake and if i was not happy send them back and we will refund you, these where big boxes so i argued they should arrange to pick them up we could not agree. I then opened a dispute with e-bay saying i had not received the item and told them the full story, they spoke to the supplier he has said i have received the item and he has changed the advert. E bay say i am covered by the full money back guarantee but as the supplier says he has delivered the item i am in limbo if i send them back ive lost out. if i keep them and e-bay dont refund me  ive lost out what are my rights ?
Any advice appreciated

Alderbank

"I then opened a dispute with e-bay saying i had not received the item and told them the full story..."

So you told them that the box you hadn't received didn't contain all the items you expected?
Some people say that honesty is the best policy. It would certainly have caused less confusion!

They made a mistake. Legally you can't demand that they supply those items listed in error.
Consumer law says that if what you receive does not match the description you are entitled to a refund. Ebay's policy is the same.

Send back the items you haven't received  and take the refund.

pinkshoes

If you opened a dispute for items not received, the seller now needs to send you a returns label.

If they haven't done this, then PHONE ebay and ask for a returns label. 

You can then return for a full refund. 

the_lunatic_is_in_my_head

You need to open a returns request claiming either the item is incomplete or doesn't match the description, the seller will then have to arrange the return.

An item not received claim won't help in this situation  

HillStreetBlues

pinkshoes said:

If you opened a dispute for items not received, the seller now needs to send you a returns label.

If they haven't done this, then PHONE ebay and ask for a returns label. 

You can then return for a full refund. 

You won't get a returns label for item not received.
Ebay will close the case and find for seller if they prove it's been delivered (even only some of it).

As the_lunatic_is_in_my_head states it's "item is incomplete or doesn't match the description,"  then the seller has to produce a label. If seller fails to do that then ebay will find in customers favour and customer gets to keep the goods.

dinard

Alderbank said:

"I then opened a dispute with e-bay saying i had not received the item and told them the full story..."

So you told them that the box you hadn't received didn't contain all the items you expected?
Some people say that honesty is the best policy. It would certainly have caused less confusion!

They made a mistake. Legally you can't demand that they supply those items listed in error.
Consumer law says that if what you receive does not match the description you are entitled to a refund. Ebay's policy is the same.

Send back the items you haven't received  and take the refund.

It was starting to get long winded so matbe i didnt explain well, as i said the Package i purchased was a support frame and kit to fit this is the 5 in 1 package it arrived in on box the Ceramic toilet and seat was by a different Manufacturer so when the first bax arrived i assumed the toilet & seat would be delivered separately. i asked the supplier when i could expect them . it was at that point he said they had made a mistake with offer i would not be receiving the total package as advertised so i would say i have not received what i bought,
I asked the supplier to pay the return postage but he says although it was his mistake i should pay the return postage..