It had to happen :( eBay Q

[Jethro_uk]

I ordered a replacement laptop screen last week, through an eBay seller. I was precise in my order, and indeed the confirmation email clearly states the part number I ordered.

Two days later (can't fault service !) the wrong screen is delivered. Right size, but different fixings and the connection is in the wrong place.

Raised an eBay dispute, and at (Ch "Thanks for your email. We are sorry for the inconvenience. How about you send the item back for a replacement? Please send your item to the address below by standard class shipping not including insurance?"

Which implies *I* should be paying for the postage. Now from frequent discussions here, I thought that in cases such as this (incorrect or faulty goods supplied) it was the sellers responsibility to arrange postage ? If this is the case, should I respond to the seller stating this ? I don't want to end up in situation where I am down the cost of the item, plus return postage, and not actually having anything at all.

[Jethro_uk]

Reply to my own post ... seems sellers policy is that buyer pays, and according to

that's that then :(

seems a tad inequitable to end up out of pocket for their mistake ...

[Bob Eager]

If their terms and conditions specifically state that the customer pays return carriage, then you are obliged to do so. If they don't, then it is theoir responsibility. That's actually what the Distance Selling regulations say - although enforcement in China might be difficult.

[Nick]

I'm not upto date on this but...

I always take a request to pay return postage for faulty goods as a sign of a disreputable supplier.

So reject under SOGA, "not as described", ask for a full refund. It is the seller's responsibility to arrange and pay for return.

If you paid by visa and it was over £100 you can issue a charge back to reclaim the money if they do not refund in 30 days.

[Nick]

That would be for a rejection under Distance Selling Regulations. This would be a rejection under SOGA for goods not as described.

[Theo Markettos]

The DSRs don't apply to things from outside the EU, where you are acting as importer. So it's only eBay/Paypal and the seller's policies that apply here. I'm unclear on the exact details of what happens in a SNAD case (which you've opened), other people will know more (uk.people.consumers.ebay has the experts).

The trouble with buying stuff from China is that the return postage can often be more than the cost of the item. So I tend to limit it to low value stuff where I can take a risk if it's junk.

Theo

[Dave Plowman (News)]

Start a dispute (if you've paid by PayPal) and ask for a refund instead. You'll almost certainly win. It's then up to the seller what's to be done with the goods.

The snag is with things from China it costs much more to post from the UK to there than the other way round.

[Jethro_uk]

The return address is Bristol.

[Jethro_uk]

The return address is Bristol

[michael adams]

In which case the seller could be UK based and may simply be drop shipping direct, from his supplier from China. Or again he may be a UK based agent for a Chinese firm.

But in either case, ITYF both DSR and SOGA would apply.

michael adams

...

[Stephen Foster]

Paypal are not worth at toss.

[Tim Watts]

uk.l.m would be a better group to ask in :)

[Theo Markettos]

Find one of their listings. Go down the bottom and look for 'Business seller information'. Click on 'contact details'.

If they have a UK address, maybe company number and VAT number, then they're a UK business and you can wave the DSR at them. If they have a Chinese address they're a Chinese company drop-shipping.

Theo

[Bob Eager]

I think that you need to apply SOGA rather than DSR here...they supplied the wrong thing and should pay to put it right.

Academic really since they hold all the cards.

[Bob Eager]

No....it's their problem.

"In the case of faulty goods being returned because they are not fit for purpose do not match their description or are not of a satisfactory quality , the customer is entitled to claim the cost of postage from you or to request that you arrange collection of the item."

[Bob Eager]

No, DSR isn't relevant since he's not rejecting the goods because he changed his mind. Under DSR he would have to pay carriage because their T&Cs state that.

Claim under SOGA and it's clear they have to pay.

[Andrew Gabriel]

That would only be if you paid the seller directly, not if a Visa payment went via Paypal or any other payment broker.

[Fredxxx]

Why wave DSR at them, that in effect means the OP has agreed to pay return postage.

In this case its SOGA, where the item is not as described as per order. There the OP should be placed in the same situation as if he never purchased it. ie return postage paid for or refunded.

[Bob H]

I ordered a laptop screen some few months back from a place in Preston I think, but it was over the other side of the Pennines anyway.

There website showed clearly the exact make and module number that wanted, and I rang the place up just to double check it was the one I wanted. Yes, everything checked out so I paid online for it and it arrived in a day or two. I opened the box up, unwrapped the screen, oh dear, it was a different module number and when I tried to fit it, it would not even look like it would.

Anyway, I contacted the seller to ask for either the one I wanted , or if not then a full refund. After speaking to someone at CAB, I sent a letter quoting the sale of goods act, as the said company was not going to play ball with me.

After another few days I received full payment including the cost to return the wrong screen.

[Fredxxx]

The seller, if competent and not wanting negative feedback, will agree to refunding postage. My experience is many sellers will initially try it on and try to get you to pay for return postage but then relent.

Did you pay using PayPal? Don't forget PayPal UK is a bank with an address in the UK. They are key. If so start a dispute there first using their guarantee wording. If you start a dispute on eBay first, PayPal will say according to their conditions and policy, once you start a dispute with eBay you can't then make one with PayPal.

PayPal will tell you to open a dispute with eBay. Do as they say.

Depending on the communications from the seller you can escalate the dispute where eBay will ask you to send it back. Suggest Hermes or someone cheap. Time is not of the essence. In my experience they agree to refund you postage as well.

On the occasion I had was where the item was very heavy and I got locally, eBay and PayPal played me a merry dance. Furthermore the seller had allegedly moved, would not accept the item back, and then refused to communicate with both eBay and PayPal. It lead to me issuing letters to the seller, eBay and PayPal threatening County Court action with an additional £200 for obfuscation with the intention of making me go round in circles. After two weeks and me about to issue a summons I got a full refund.

I have learnt not to waste too much time with aBay and PayPal complaints and ignore their whimsical replies. Go straight for the jugular and write letters threatening to County Court action within 14 days.