Our electric window mechanism has broken, and there was a supplier on Ebay. As we wished to use our credit card we phoned and informed them that we needed an off side front window mechanism. They charged us £9.99 for postage. When it arrived however, it was not the right one and will not fit our car.
They are quite aggressive over the phone, and eventually agreed that we can return it but they will take a 10% handling charge.
How can this be right when it is their error, they even asked us for our car registration to confirm the correct model. It has now cost us £12.99 tp return it to them, but of course we have to try and get our money back. I have emailed them asking for a full refund plus the £12.99 as it was their error and not ours.
The Distance Selling Regulations over ride any eBay guidelines. In this case the buyer is entitled to a full refund of the postage costs. I have just done this recently using the DSR and the seller coughed up the postage.
As an aside, everyone should learn the DSR rules. CAB and Highland Council have been running a major campaign over last two years (and ongoing)regarding delivery charges to remote parts of the UK - usually a post code lottery - and offshore islands. I'd already ditched eBay because of attempted rip-offs on delivery charges - including something sent by Royal Mail at an extra charge, which is illegal - when something I'd bought was not as described. It took months to get my money back, including return courier charges because the firm and eBay thought the return cost was too high!
The information HC and CAB has exposed has gone to Westminster and firms are being fined for non-compliance. More legislation may arise in that firms have to offer an RM alternative where feasible (eg size/weight of product) and to make delivery charges information a direct link on website with upfront information on restrictions. There is nothing worse than going through the process of ordering something only to be told to phone for delivery charges or have a whacking amount of money added on at checkout so you either have to phone or cancel. I have a list of firms (including several camping ones) which are simply not going to get my business.
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The above comments are correct to a point.................
1. We do not know how long the OP had the window before returning it. You have seven days, from date of receipt, under the Distance Selling Regs, and if the OP had the window longer than that then the Regs do not assist. Under the Regs the OP pays the postage
2. The seller has to be based within the EU and we do not know where that seller is
3. The seller has to be trading and not just a private individual selling off an old window.
4. The Distance Selling Regs simply give a right to change your mind and to return the goods whether they are defective or otherwise.
So, if the OP had the window for less than 7 days before returning it, and he stated that he was returning it under the rights he had in the Distance Selling Regs, the trader is in the EU, then he is entitield to his money back, but not the postage
Perhaps what the OP needs to focus on here is a simple contract complaint. He claims that they sent the wrong window in which case it is simply a case of breach of contract and nothing to do with Distance Selling Regs. However, it appears that the only evidence he has is what he said in a telephone conversation and which I guess was not recorded, so, potentially, its going to be a fight.
If you want to buy something so important its best sometimes not to try and cut corners and buy it off eBay.
Phil
If the seller is in the UK and is a trader (rather than an individual) why not try a complaint to the credit card company if the window cost more than £100
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Quote: Originally posted by cwdc56768 on 09/5/2013
The above comments are correct to a point.................
1. We do not know how long the OP had the window before returning it. You have seven days, from date of receipt, under the Distance Selling Regs, and if the OP had the window longer than that then the Regs do not assist. Under the Regs the OP pays the postage
2. The seller has to be based within the EU and we do not know where that seller is
3. The seller has to be trading and not just a private individual selling off an old window.
4. The Distance Selling Regs simply give a right to change your mind and to return the goods whether they are defective or otherwise.
So, if the OP had the window for less than 7 days before returning it, and he stated that he was returning it under the rights he had in the Distance Selling Regs, the trader is in the EU, then he is entitield to his money back, but not the postage
Perhaps what the OP needs to focus on here is a simple contract complaint. He claims that they sent the wrong window in which case it is simply a case of breach of contract and nothing to do with Distance Selling Regs. However, it appears that the only evidence he has is what he said in a telephone conversation and which I guess was not recorded, so, potentially, its going to be a fight.
If you want to buy something so important its best sometimes not to try and cut corners and buy it off eBay.
Phil
If the seller is in the UK and is a trader (rather than an individual) why not try a complaint to the credit card company if the window cost more than £100
Valid points above, but if you order a specific item and they send you the incorrect goods or the goods are faulty, you are entitled to full refund of postage. It is also up to the buyer to arrange collection once you notify them.
If you request a refund including postage due to incorrect or faulty goods this has to be refunded back to your account within 30 days regardless or not whether the buyer has collected the goods. I know this because I did it last week for my father. In his case the goods were faulty.
If you are sending back the goods just because you do not like them, then you cannot claim postage.
The DSR do not apply to sales by auction and I note that this sale was via eBay and so it may or may not have been an auction.
To cancel the contract under DSR (if they apply to this case) you have to cancel in writing and not over the phone unless the sellers Ts and Cs say that you can cancel by phone. In this case the OP appears to have cancelled by phone so, on the face of it the DSR do not apply. The OP amu have inadvertently fallen outside of the regs by phoning
If the contract for sale, and written information supplied under the DSR, says that the customer pays for the postage to return goods then the customer has to pay that postage. eBay confirms that position.
The point is that if you make a claim under the DSR and the Regs do not apply, then the other party can refute your claim. So, demanding a refund of the cost and postage under the DSR the seller can simply say "Under the DSR I do not have to do so" and leave the buyer to work out why.
Then there is the 7 days issue.
So, there is the option of quoting, for example, the Sale of Goods Act, and which enables the OP to claim the money plus postage as damages for breach of contract.
Perhaps the easiest option is to use the eBay disputes arrangements.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
There is what the law limits and there is what the law doesn't apply to. What we don't have is a verbatim detail of the conversation between OP and seller. Somewhere along the line a mistake has been made ....but who was responsible for that...in law..Or put another way, who can prove what? If the OP was in the wrong (and I am not saying he was) the seller can then make his own arrangements for settling the matter.
Problems of buying off eBay. So much better for a garage to have a look at the actual car.
Some sellers do the honourable thing no matter what the law says, some try to avoid their responsibilities. Many a time problems arise because of how we buy. Surfer, it sounds as though you benefitted from an honourable seller.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Quote: Originally posted by cwdc56768 on 09/5/2013
There is what the law limits and there is what the law doesn't apply to. What we don't have is a verbatim detail of the conversation between OP and seller. Somewhere along the line a mistake has been made ....but who was responsible for that...in law..Or put another way, who can prove what? If the OP was in the wrong (and I am not saying he was) the seller can then make his own arrangements for settling the matter.
Problems of buying off eBay. So much better for a garage to have a look at the actual car.
Some sellers do the honourable thing no matter what the law says, some try to avoid their responsibilities. Many a time problems arise because of how we buy. Surfer, it sounds as though you benefitted from an honourable seller.
Phil
Not really as they kept replacing the item with yet another faulty item. A refund was requested in writing at end of Feb 2013 but nothing. I then sent a polite letter advising them of DSR plus SOGA and no response. I then sent a "Letter of demand" requesting refund plus postage charges and compensation. I also contact TS via CAB who are more than useless. Money was paid into account within 5 days.
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Topic: Distance selling
