Hi all, after trawling the internet looking for advice i've stumbled upon this site and im hoping i can gain some valuable advice!
I have recently bought an item off Ebay (fishing bag) which was listed as "New,without tags".
Upon receiving it and using it for the first time i discoved the fault whilst out fishing. As soon as i found the fault i put the bag back in the car.
Upon contacting the seller and explaining that i'd used it and found a fault, i was told to return it and providing it was in "new condition" they would refund me PLUS the return postage costs.
The seller has received the bag back and is now refusing to pay my return postage costs and has said.....
"On recieving the bag There is mud on the handle, and it smells very badly of fishing bait/fish. It is not in the exact same condition as I sent it to you, which was new without tags, and as you stated you have used the bag. I have spoken to paypal and they have advised me that I do not need to refund your return postage costs. I have also sought legal advice and spoken to the police and they have both advised that I do not need to pay your return postage costs. I have issued a refund through paypal for the £30.97, which I am told is clearing at the moment so you should have it in a couple of days."
Of course the bag smells of fish - the main innner compartment is used for storing deadbaits (dead fish). The seller was made aware that i'd used the bag, hence me discovering the problem! When the bag was returned it was fully checked - there were no marks to the material, rips/tears, scratches to the base etc etc it was in "new condition". As for there being mud on it, that is pure fabricfation on the sellers behalf - an excuse not to pay the return postage costs as previuously agreed!
Can someone please advise on weather i have grounds to reclaim my return postage costs under the "distance selling act" or "sale of goods act" as im unclear of my rights.