Mis-sold item - My rights

savergrant

Alderbank said:

There are two quite separate contracts here.

The contract of sale through eBay would have included the term 'Collection only' or 'Buyer collects'.

Separately there was a different contract between OP and the courier to which the seller was not party, to collect an item from the seller's warehouse and deliver it wherever the consumer wishes. At the point of collection the legal title would have already passed to the buyer and physical possession of the goods would pass from the seller to the buyer via their agent, the courier.

I don't know what the deal is under eBay's rules, but in terms of the Consumer Rights Act since the consumer is rejecting the goods, S20(8) of the CRA says 'the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.'

It's the OP's duty to return the chair to the seller's warehouse.

With hindsight, if the OP has asked the seller to include delivery and increase the price accordingly, the seller would have had to bear the collection cost.

It appears that the seller is bearing the costs of the courier collecting the return, but refusing to pay the costs incurred by the op in obtaining the goods (the outward postage). Who actually contacted the courier and made the contract with them? Clearly the op would be in a much stronger position had that money gone through ebay.

Okell

I don't think this is a Consumer Rights Act issue.

The seller has agreed to pay the return costs.  Fine.

The question is whether she also needs to "refund" the OP the original delivery costs given that (1) the item was collection only; (2) the OP elected off his or her own bat to pay a courier to collect it; and (3) the seller never received the original collection costs in the first place.

Alderbank is right that there are two separate contracts here.

The question is whether, if the seller is in breach of the first contract, the OP can sue the seller for damages to recover her lost costs on the second contract for the original collection from the seller and delivery to the OP.

I don't know the answer...

swingaloo

Is the chair new or 2nd hand, how far out were the measurements?