Ebay Faulty item - Return postage refund????

[AdyPaul]

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.

[ashmk]

If its a fault they you are entitled to a full refund including postage.

 

The whole story of police payapl etc sounds fishy (excuse the pun) to me.

 

Open a Paypal dispute and do not back down no matter what the seller says. Do NOT close the dispute untill you have your money, once closed it cannot be opened again.

[Dragons Dennis]

I agree entirely.

 

If the goods had not been opened, you could return for a full refund under DSR's. But as the item is faulty and not as described, you are entitled to a full refund including both original postage and return postage. As advised above, do not cl;ose the dispute unless you receive a FULL refund.

 

Spoke with the police? What was that all about then? Do they offer advise to dishonest sellers now too?

[AdyPaul]

I did suggest to the seller that maybe the reason they had contacted the police was to amit their guilt in being a crook and ripping people off!

 

I have opened a dispute and have been given a refund for the full amount i paid including the postage charges - the money is clearing through paypal at the moment and will be presented to me by the 18th.

 

Its now the return postage costs i want to fight for - £10.99. Ebay and Paypal have both told me im entitled ONLY to the full amount plus postage costs i paid. To try and claim my return postage costs back will now be a civil matter between myself and the seller.

 

I need to know if i am entitled to reclaim the postage costs back throught "the sale of goods act" or "distance selling" before i pursue the matter further.

[ashmk]

Yes you are entitled to a refund but you will have to go after them on your own. Paypal won't be intrested.

 

As for the police, they would just say its a civil matter so I'm 99.99% sure the seller went nowhere near a police station. He/she is just bluffing you.

[perplexity]

You have shot yourself in the foot by returning the goods.

 

Under sections 35 and 36 of the Sale of Goods Act a buyer is not bound to return rejected goods.

 

You could still the seller but your chance to prove the case is that much less without the evidence which the legislation entitled you to keep.