Rights for return?

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I bought a tablet brand new for my daughter off ebay for her birthday, it came and we put it on charge then when we tried the on button it doesn't work as it doesn't have the click sound. I messaged the seller and they said go get it repaired and they will pay for it.

What are the laws regarding repairs / return? I don't want to have to pay postage for an item that is faulty to start with as why should I be out of pocket for someone sending defective items but equally I don't want to have to bother with the repair and paying and then trying to recoup the money from the seller
What are my rights? Can they make me get it repaired?
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  • kazwookie
    kazwookie Posts: 13,843 Forumite
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    I would send it back and ask for a new one.

    Send it back tracked / recorded
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  • ballisticbrian
    ballisticbrian Posts: 3,937 Forumite
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    Can they make me get it repaired?
    No and there's no guarantee they will repay you the money it costs to repair it.
    Open a case in eBay for "not as described", stating you wish to have a refund. Don't close the case for any reason. Wait for a response from the seller; they should provide the tracked postage label through the case.
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • RFW
    RFW Posts: 10,021 Forumite
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    kazwookie wrote: »
    I would send it back and ask for a new one.

    Send it back tracked / recorded
    Please don't do that!
    Ballisticbrian's advice seems to be the soundest here.

    Several problems with the above. There's no guarantee the seller has any others. Never send anything back without first contacting the seller. There's no need to pay for a return on a faulty/misdescribed item.

    It's not a big deal any more but is the seller a business or private seller?

    If it's a private seller it's always possible that it was an unwanted gift and they didn't know it was faulty. That's not the buyer's problem though but if it was a small fault that could be easily fixed and the item was a good deal then it's worth considering if the seller will pay for the repair. I'd only bother doing that if the purchase was a 30-40% saving on the rrp.
    .
  • [Deleted User]
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    No and there's no guarantee they will repay you the money it costs to repair it.
    Open a case in eBay for "not as described", stating you wish to have a refund. Don't close the case for any reason. Wait for a response from the seller; they should provide the tracked postage label through the case.

    I did open the case but it looks like I have to wait another 3 days before Ebay will get involved. I will not close the case.
    If I sent it back tracked it would probably cost around £6 and then I might not even get that back
  • [Deleted User]
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    Not listed as a business sell but they have 369 feedbacks in one month which is a lot for a personal seller. I told them I want to return as it is faulty and not as described so see what they come back with - I just wanted to check my rights.
  • [Deleted User]
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    So I opened a case with ebay and they said post the item back and leave tracking details - So I did, filled it all in at a cost of £3.95 to post. The seller has received and refunded my original money but I am left still out of pocket for return postage for an item that was defective! Where is the justice in that?
  • soolin
    soolin Posts: 72,207 Ambassador
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    So I opened a case with ebay and they said post the item back and leave tracking details - So I did, filled it all in at a cost of £3.95 to post. The seller has received and refunded my original money but I am left still out of pocket for return postage for an item that was defective! Where is the justice in that?

    It sounds like you opened a case for a simple return. A proper case for an SNAD (significantly not as described) automatically gets you a pre paid label- that option isn't there is you open a change of mind return.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • [Deleted User]
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    I specifically clicked item not as described / faulty but the address on their wasn't the same as the address the seller sent me which I thought was a little weird so I went with the address he sent me and posted it back.
    So now I can't get my return postage costs back?
  • soolin
    soolin Posts: 72,207 Ambassador
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    I specifically clicked item not as described / faulty but the address on their wasn't the same as the address the seller sent me which I thought was a little weird so I went with the address he sent me and posted it back.
    So now I can't get my return postage costs back?

    That's weird, for me and for other people I talk through the process the label is generated automatically , sellers can't bypass thatscreen at all they have no choices other than:
    1) refund without return
    2) allow ebay to send a label
    3) confirm label has been sent to buyer for return.

    There are no other options unless they choose to try and fight it.

    This happened to me only last week:

    https://forums.moneysavingexpert.com/showthread.php?t=5839711

    however as soon as ebay checked the label the seller had sent they agreed it was incorrect and just refunded me anyway.

    The only other thing I can think f is that you missed the label- I've seen that happen before as it has to be downloaded or emailed via a link. Personally I would phone ebay and say how upset you are, and see if they will give you a goodwill refund.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • ThinkingOfLinking
    ThinkingOfLinking Posts: 11,828 Forumite
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    I specifically clicked item not as described / faulty but the address on their wasn't the same as the address the seller sent me which I thought was a little weird so I went with the address he sent me and posted it back.
    So now I can't get my return postage costs back?

    it is not always a scam...I have changed my addresses on eBay including my returns address yet I have had 2 false SNAD returns forced on me both of which went to the wrong address as the system STILL shows an address I moved out of 5 years ago no matter how many times I speak to eBay or change it myself. When I send items, I manually change every single postage label to show my correct address
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