Ebay return issue...

[doompixie]

I bought an exercise bike off ebay a few months ago that turned up in unuseable condition. Couldn't afford to have it returned at the time and the seller is rather difficult, so I'm not sure how likely they are to accept it back at this time.

 

I'm under the impression that they have some legal requirement to cough up a refund as the bike turned up damaged? They are most definitely a business trader. Is this right, and if so, what could I include in a letter accompanying my return to make sure they comply?

 

Thankyou

[rosiecotton]

The Sale of Goods Act would apply if the sale is a business sale, but you really needed to have made the seller aware of the problem straight after the sale. A court would wonder why you took so long if the goods were delivered in poor condition, and you've allowed the trader an argument against you now that the goods were delivered fine.

 

I would still suggest you write to the trader, explaining why you have not contacted him previously, and state that the bike is not of satisfactory quality or fit for its purpose (and I assume also not as described?) and therefore does not comply with the terms of the Sale of Goods Act 1979 (as amended).

 

However too much time has passed to be legally entitled to reject the bike for a full refund. You are really looking at the cost of repair or replacement with a bike of the same value - unless of course this would actually be more expensive than a refund.

 

If repair or replacement is disproportionate (too costly) you are then looking at rescission of the contract which is a partial refund to allow for any wear and tear you could have had from the bike. You'd need to press for a full refund bearing in mind you've not had it long and it came in that condition, ultimately only a judge could award this.

[doompixie]

I contacted the seller immediately. They took ages to reply to each message and eventually sent me a returns form. They knew I could not afford to send it back and would not help any further.

[rosiecotton]

As the goods were faulty they should have paid the postage costs.

[doompixie]

They used their 'terms and conditions' as a get out clause and flat out refused. I did file a dispute with paypal (even stating I'd be happy that they refund me enough to send it back and the rest later) to no avail.

[rosiecotton]

They can't put in terms to state that you are liable for returning faulty goods, such a term would be unfair and unenforceable.

[doompixie]

Hmm. Well thats interesting. Is there anything I can do about this now?

[BackStreet]

We deal on eBay a lot. Most decent suppliers on there will arrange to collect a faulty item. Some smaller firms though , you have to realise, deal through the post office and have no facility to collect goods, and so expect the buyer to return faulty goods to them, and then they will refund the postage.

 

Normal time limit for refunds due to faulty goods on arrival is a maximum of two weeks to return the goods.....

 

If it's been several months... Sorry but I think you are fighting an uphill battle.

 

Too late now, but you could have claimed a refund from Paypal.

[doompixie]

I did try to claim a refund from paypal, they ruled in the seller's favour.

It cannot have been a small firm as they sell large items of equipment and a lot of them. they said I was responsible for all postage costs and that they would not refund them.

[ManagingDirector]

f**k eBay, f**k PayPal.. let the seller has his/hers money

 

ebay and PayPal wont support you, they cant enforce their own terms for goodness sake...

 

I presume you have the sellers address, go through the small claims route... the seller would not be able to win the case if the details you have stated is correct. When they lose the case they have to pay you for your costs too.

 

What i would do if you have not done so is return (post) the bike asking for a refund, if they refuse thats good... just if you went to court saying they wouldnt refund you but you have the bike then they dont to an extent owe you money

 

 

Ebay is pathetic, once i stuck an affiliate advert in the cars section (i never do this, only once... everyone else does it, why shouldnt i?) the listing fee was expensive, i had it on either 7 or 10 days, within the last 5 minutes (no exageration) they terminated the auction and REFUNDED me the listing costs... considering i wasnt selling an item (like i should have been) it meant the advertisement i stuck in was free... and i got a few people click on it which meant £££ Tell me all your ebay/paypal stories, none fo them would surprise me...

[doompixie]

Can't help but notice that no one has answered my question yet

I want to write a letter to include with the returned item that will give the clear impression I will not back down if they don't refund me. But I don't want to be abrasive about it, I would like to keep it polite. If theres something to throw in about them being legally obliged to cover the return postage that would be great, but not entirely neccessary. Not looking for a full letter, just some guidelines to help me

[doompixie]

Can anyone help me out here? :-|

[buzby]

As rosie pointed out, your chances of a satisfactory conclusion diminish as the weeks pass by. You could serve a Small Claims action on the dealer that the goods were not fit for purpose when they were delivered, and either sue for a reduced amount to retain the goos in their inferior condition, of for the full amount you paid, whereupon you'll return the goods at your expense.

[doompixie]

I've just found this whilst searching for info:

 

The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ‘‘unfair term’’ within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001.

 

Can anyone confirm if it is correct? I'm currently composing an email informing the company that they may collect or pay for me to return it, but want to be sure of my rights before sending.

 

Also, do I have any right to claim the original postage cost of the item, or is that gone for good? Seems unfair that any way this turns out I lose money, but I can understand postage costs being unclaimable.

[buzby]

What contract did you enter into? If it was simply an agreement to purchase, then the UTCCR wouldn't ordinarily apply.

[doompixie]

I was more focused on this part:

 

The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective)

[buzby]

You only had an 'invitation to treat', not a contract with the seller. Actually, you may not have had the treat invitation as this was an auction purchase? If a BIN, then the original point applies.