| jaycee2 |
| (new user) |
| Sat Mar 08 2008 04:01 PM |
Am I entitled to all postage refund?
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I purchased a used printer from a power seller, it didn't work at all (no power) even though the seller garuanteed it would work. The seller advised me to return item for a refund. This I have done but have yet to hear from the seller. Am I entitled to refund of postage costs for delivery and return? I paid for item by cheque as it had to be delivered to a different address from my paypal address. Will this make any difference?
Hope someone can advise
| FilthyRaider |
| (regular) |
| Sat Mar 08 2008 06:26 PM |
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Re: Am I entitled to all postage refund?
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If the Powerseller is registered as a Business (in listings under Member Since it will say) they HAVE to refund return postage. It's all part of OFT's Distance Selling Regulations.
The actual regs say that if you get an item and it is not working you can ask the seller the refund for the item and postage paid to get it to you, and they have to arrange to get it back. Common sense is that the seller will ask you to post it back but they should then cover the postage costs for returning it.
Ignore what is in listings - plenty say 'I am not responsible for loss or damage in the post'......er, yes they are. Same with returns - 'I do not accept returns'. Business accounts sellers HAVE to.
And don't worry if they are not on a Business account. 1. Makes very little difference when it is a bulk seller, and you should politely remind them that under the Distance Selling Regulations from the Office of Fair Trading they have to, by law, refund your postage. 2. They won't be a Powerseller for long as eBay is enforcing Powersellers to register as a business.
If they fail to respond for, say, seven days to polite requests for a refund - and state the full amount including item cost and postage to you and return postage, then take it to eBay.
Obviously, one BIG problem. IF the Powerseller can prove the printer does work then you might struggle. We sold an item recently (let's say a kitchen timer). We had several people complain and ask for a refund as it did not ring - non of them had read the instructions properly and had not wound it up!!
Future tip: Always get the seller to AGREE the terms of the return.
| jaycee2 |
| (new user) |
| Sun Mar 09 2008 01:10 PM |
Re: Am I entitled to all postage refund?
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Thankyou for The information, much appreciated.
Since my last post, I have received a refund from seller MINUS my return postage. They are a VAT registered company so judging by your comments I may be entitled to return postage costs.
Found this statement in their listing "Items returned to us incur charges at current rates which you will be liable for." but I assume this for return of unwanted items.
| FilthyRaider |
| (regular) |
| Sun Mar 09 2008 02:22 PM |
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Re: Am I entitled to all postage refund?
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DSR regulations state that items can be returned within 7 days for ANY reason - this includes changing mind. They MUST be in same condition - so still sealed etc. For a non working item they have to refund the postage. You should email them (politely) and say that under Distance Selling Regulations you understand that they have to refund for that. Putting a statement in the listing is like saying 'we don't want to follow the law'.
In truth, you may be in for fight, but if they reject your email contact eBay to see if they will do anything. If they are VAT registered they turn over £60K+ per annum (this might not just be on eBay, mind).
The biggest trouble here is..........eBay. They have recently started all this about registering as a business, VAT etc, so you would think they would be up for covering people on Distance Selling Regulations. Er, no. This page explains some of it:
http://pages.ebay.co.uk/help/sell/your-return-policy.html
In other words they make no reference to DSRs at all despite it being law. Oh, and eBay has it's own DSR - Detailed Seller Ratings, just to confuse matters.
Here is the OFT page on DSRs (theirs, not eBay's!): Might be something in there you can use:
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/
| jaycee2 |
| (new user) |
| Sun Mar 09 2008 07:03 PM |
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Re: Am I entitled to all postage refund?
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Thanks again, I wil give it a go