EBAY purchase and sellers return policy question

[miliitant]

just looking to confirm a situation

i purchased a piece of british army equipment on ebay through a business seller. the item was described as british army pattern with NATO registration numbers,

when i received the item i discovered it was a reproduction on the original from a third party company. the seller is fine and has asked me to return the item for a refund. this is where the problem lies,

the sellers terms and conditions state in original packaging for a refund, i had to open up the plastic bag it was sealed inn to discover it was a reproduction and i have to return the item at my own expense.

the sellers has opened up a cancelation order within ebay for which ebay sent me the link.

EBAY POLICY ON RETURNS

How would you like to respond?

	I accept the seller's request to cancel this transaction.
	You should only accept the cancellation request if you haven't paid yet or you've already received your refund from the seller. If you haven't received your refund, contact the seller link-opens in new window or tab link
	I decline the seller's request to cancel this transaction. -box here to be clicked to acknowledge along with the above, having to return at my own expense, package has been opened,etc,etc i am of an opinion the seller needs to refund my ebay account with what i paid and include extra postage and package for me to return the item comments please people

[teaboy2]

Re: EBAY purchase and sellers return policy question

Was it described as a reproduction on the listing? If not then you are protected by section 13 of the sales of goods act 1979 which states the item must be as discribed. He should techinically have stated they were third party reproductions or original on the listing. Also the seller should if in breach of section 13 refund you the cost of postage. If he refuses then you may use the fraud by misrespresention angle as a breach of section 13 result in a financial loss to your self falls under fraud by misrespresentation i believe. throw that at him if he refuses to refund your postage cost and do no send the item back till you have the refund and cost of return postage in your account.

[miliitant]

Re: EBAY purchase and sellers return policy question

i have just gone through the ebay dispute centre and they say to return the item back to the seller, he will then credit my ebay account as it is in the dealers t&c on returns

so at this moment i have got goods not as described, i have to return the item to get back my original amount paid, then i have no redress on the return postage

what is to stop him saying he never received the item and keeps my payment for example

[shell]

Re: EBAY purchase and sellers return policy question

Militant, I had something similar, (goods described as genuine when it was fake), I posted it signed for, I had to be sure they got the item. I also threatened ****ty feedback if postage was not refunded. The dispute centre did tell me to post the goods back before I would get a refund. I did and I did.

[miliitant]

Re: EBAY purchase and sellers return policy question

i sent another email saying i was confused as to why the seller would not refund my postage

this was the reply

'you really are confused. the item is exactly as described but we will give you a full refund but we do not pay return postage because you changed your mind.

i did not change my mind, the article was posted as a brand new original, not from a third party reproduction

comments people as i am not being fobbed off,


HAS ANYBODY GOT A LIVE TELEPHONE NUMBER FOR EBAY CUSTOMER SERVICE

i have now gone through the ebay dispute with the seller and still not happy

seems ill have to crack the whip with ebay direct outside the dispute purchase process

comments please people

i know it is only three quid postage but why should i have to pay when the item is not as described

[bluebottle]

Re: EBAY purchase and sellers return policy question

I would have this cretinous trader bounced off Ebay altogether. Ebay and its members really don't need people like that. Suggest to Ebay that they pull his spiel. Also, report the matter to Trading Standards. A few complaints to them will have them kicking Ebay's backside to do something about it.

[Bill-K]

Re: EBAY purchase and sellers return policy question

I've recently been looking into selling an item on ebay, so this is an interesting thread for me. I have heard that these things happen, and that ebay is just so big it doesn't care. I hope you get a good result, militant. I have just one observation, regarding the item description...

the item was described as british army pattern with NATO registration numbers

Does the use of the word "pattern" give the seller a get-out ? They may say that this meant it was "in the style of" the original British Army item - but was not actually a true piece of "Army Surplus."

I hope not - but it just struck me that they could possibly get away with it.

[A-Bit-Miffed]

Re: EBAY purchase and sellers return policy question

Hi Miliitant,
Sorry I'm a bit late to this. As far as I'm aware if the item is Faulty/Not As Described your are entitled to a FULL refund including both sets of carriage (outgoing AND return). It's in my current returns policy and I have had quite a few ebay regulars point this out to me in the past.

Should anything be amiss with a small item I've sold then I always ask the buyer to return it using 2nd class recorded delivery, larger items are dealt with differently. I also state I will only refund the stamp value and not any packaging costs as they should have the original packaging.

Do not allow the seller to pull the No Longer Required/Changed Your Mind trick as that's just BS.

Hope this helps
ABM

[miliitant]

Re: EBAY purchase and sellers return policy question

thanks for the reply and i totally agree

ebays own dispute resolution is as much use as a chocolate t-pot

[A-Bit-Miffed]

Re: EBAY purchase and sellers return policy question

I agree, little more than useless. Have you slapped the seller with a PayPal dispute too? If not then do so as this might get the desired result, not promising though as they can also be rather unhelpful.

ABM

[A-Bit-Miffed]

Re: EBAY purchase and sellers return policy question

As a side note, for the seller to make a FULL refund including return carriage requires two PayPal transactions. The 1st transaction refunds the original payment and the second, possibly sent as "Money Owed", covers the return carriage. A large number of sellers are not aware of this as the standard refund mechanics do not allow for more money to be refunded than was actually received.

As far as I'm aware there is no other way of doing this but am happy to be proved wrong.

Hope this helps.
ABM