eBay Item "Not as Described" Who pays the return postage?

[DannySB1]

Hi all, my first post here!

 

I recently bought a Desktop PC from a business seller on eBay through a Buy it now listing.

 

The item was described as having 2GB RAM (Memory). However when it arrived and I checked, it did not. I contacted the seller who then offered to send some replacement RAM which I accepted, however, it was wrong type of RAM that wasn't compatible with the PC.

 

After some more communication with the seller, he asked me to return the PC to him, which I have, via courier (with tracking) which cost me £9.50.

 

I have asked the seller whether he will cover the cost of the return postage and he has flat out said No.

 

Seeing as though it was the sellers fault for not describing the item correctly, why should I be out of pocket nearly £10?

 

I have done a little research (Google mainly) it seems I may be covered under the Distance Selling Regulations or the Sale of Goods Act. However I can't seem to find an exact piece or quote of legislation relative to what I am asking.

 

Does anyone have any advice?

Edited May 9, 2013 by DannySB1

[dx100uk]

it appears sadly its your bag unless the advert did not say so.

 

http://uk.search.yahoo.com/search;_ylt=A7x9QbzxMIxRNEMABXpLBQx.?p=Distance+Selling+Regulations+%26return+postage+costs&fr2=sb-top&fr=yfp-t-702&type_param=&rd=r2

 

dx

[Tom Norman]

Seems to me r.14(6) of the ConsumerProtection (Distance Selling) Regulations 2000 (SI 2334) applies here. It states that, where goods are returned as a right due to a breach of a term implied by statute (s. 14 of the Sale of Goods Act 1979), the rights of a seller - given by r. 14(5) - to require the buyer to bear the cost of a return are disapplied.

 

Unless there is some reason things are done differently on eBay sales? I gather its a slightly different system as it predominantly caters for the sale of goods by individuals rather than companies. I regret that I don't know much about that though.

Edited May 13, 2013 by Tom Norman

[ericsbrother]

Ebay cannot enforce DSR's sp have a ACOP instead and that obliges you to return items at your expense. If it is a business you have bought from and it is a BIN then the DSR's of the SoGA do apply and you are entitled to a refund of your return postage costs if that is how the seller wants the item returned.

You have the sellers address, wait until you have your refund and then send a letter giving him 14 days to refund your return costs otherwise you will recover the money due under law by taking him to the small claims court.

When sending this letter email him a paypal invoice so he can pay up easily (and give you a paper trail)

[raydetinu]

yep under DSR regs, they should refund your return postage as goods not as descrbed.