ebay item not as described but paid cash!

[Dollydoo]

Hi,

 

I've just bought an item of furniture from an ebay private seller.

 

It was advertised as "used but as good as new with no marks".

 

I got a friend to collect it as it was a 6 hour round trip and I just couldn't get there.

 

I was horrified when I saw the state of the table - clearly scratched & marked.

 

I expected some wear & tear as its vintage, however because of the distance,

I only bought it because of the way she described it.

 

It was paid cash on collection.

 

I understand by ebay that they can only ask her to refund me but they can't make her.

I'm also supposed to be responsible for the return costs.

Is this really the case?

is there anything I can do outside of ebay, like small claims court

(providing I can obtain her surname - I do have her address & mobile telephone number).

 

I'm rather angry that she has tried to blame the condition of the table on my friend who collected it

and hasn't offered me a refund.

 

I've opened a case with ebay but wanted to get some advice/tips on dealing with this.

 

Thanks

[andydd]

The trouble is that there is no proof that you have paid,

therefore the paypal guarentee wont apply,

it is possible that the seperate ebay guarentee could apply,

you will need to read their t&c although the seller could deny that you ever paid

unless you have a receipt of some kind or that they marked the item as Paid on ebay.

 

As for legal action you would need to show some sort of contractual provision,

 

just being unhappy with the product is not good enough,

 

this would depend on the wording of the advert however i wouldnt rate your chances too highly.

[raydetinu]

Not much you can do, if they wont refund.

Caveat emptor etc.

You and/your friend had the opportunity to inspect it prior to paying for it.

can you prove it was scratched prior to collection, if you can then why buy it!

[ericsbrother]

You should have gone and looked at it rather than just relying on a friend collecting it. Basically, you are stuffed, even if it isnt as described becuse you have accepted the item by considering it and paying for it, albeit via your mate. No comeback on seller, best you can do is score low on the DSR for item description.

[Dollydoo]

I've been offered a refund upon return of the table but I'm expected to pay the costs of returning it. Ebay terms say buyer is responsible for return costs but trade descriptions act says buyer should be refunded all postage costs when an item has been wrongly advertised. I did have a quote to have it restored and it'll cost quite a bit which shows it wasn't in the excellent condition in which it was advertised. Am I covered by the trade descriptions act? or do I have to just swallow and return it at my own expense?

[andydd]

The Consumer Protection Act from Unfair Trading Regulations replaced the Trade Descriptions Act. According to Ebay here, it is theSale of Goods act which you should look to > http://pages.ebay.co.uk/businesscentre/listingitemslaw.html.

 

I believe the process should be:-

 

1. Contact the buyer to resolve this issue, at this point, its is upto you and seller to reach an agreement, this is an agrement between you two and the ebay rules and relevant statute lawshave no effect, its upto you two to 'haggle' and arrange something, the fact the buyer is willing to refund you but you pay return piostage sounds good to me, after all, he could well say, 'you' (or your representative) inspected the goods and where happy...the fact you paid cash also removed all of the Paypal protection (although Ebay does have some protection to).

 

2. You could make a claim through Ebay, the buyer if he wanted couldnt easily deny you even paid, you certainly dont have the Paypal element of protection.

 

3. Follow the legal route, thjis would be fraught with pitfalls especially considering 'you' saw and picked up item without complaint and the fact that the user is an individual, it would also depend on how he described the item.

 

If I were you id accept his offer.

[Dollydoo]

yes thinking that myself - but she did say it was in excellent condition, no marks & as good as new. I wouldn't have even contemplated buying something from so far away that had to be collected. my friend picked it up without inspecting it because I didn't ask him to and also because I'm probably stupid in thinking that all people are like myself and trusted she had been honest in her description. I've never come across anything like it before and will only ever pay by paypal in future, this was the first time i'd paid cash and it'll certainly be the last. Thanks for the advice

[raydetinu]

Nothing wrong in paying cash as long as you are satisfied, after inspecting the goods.

 

Sounds like the offer of a refund is good, was it advertised as collect only, then the collection and return would be down to you ( same as if you bought it in a store ).

You now have the dilemma of returning it, by courier, and then waiting for a refund, which may never come! or returning yourself!