Online shopping

[chazza]

My boyfriend bought a fancy dress outfit from an online shop that trades through ebay. The ebay listing stated that it fits a man up to 44 inch chest.

When it arrived he tried it on and it wouldn't go on over his arms never mind close across his chest, and there is no way that it would fit a 44 inch chest.

We immediately packaged it up and posted it back for a refund stating that it did not fit, but they sent it back to us saying that for hygene reasons we were not entitled to a refund.

Are we entitled to a refund? Does the cooling off period for items bought online apply to ebay? Or should we go down the line of item not as described (as it was much too small) and claim through paypal?

[voltr4m4x]

You are entitled to claim a refund in these circumstances, and the rules do apply to eBay as much as any other on-line trading organisation. Provided the dress has not been worn by your boyfriend as the prospective purchaser it cannot be claimed to have come within the scope of hygene standards, which, incidentally, applies only to such items as earrings, dental products and other such items, and also electrical goods. You are on completely safe ground to pursue an action against the seller for selling you an item which was not as described.

[chazza]

Thanks, that's what I thought, it definitely had not been worn as he only tried the top on and it wouldn't go on!

Our problem is that every time we send it back to them (at �6 a time) they will probably post it back.

I think I might start procedings with paypal to get the money back and then send it back once we've got the refund, with a note saying that we already have the refund so they should keep it, would that be ok?

[voltr4m4x]

Yes, you can also notify eBay that there is a definite problem with the seller. But I confess I do not use eBay, so I don't know precisely how they work.

[pink-kittens]

Then I suggest you post it back, AFTER Paypal tell you to and not before. You will still have to pay return postage. Do not send it then claim
Make your claim via them and although it will take a little time, you should get your money back
Was it a BIN or auction?

[pink-kittens]

PS: When you send it back, make sure it is signed for (recorded Delivery)

[Ethel]

Was a private seller or a business seller?

Was it BIN or an auction lisitng?

[chazza]

It was Buy It Now via a business seller

[Rollo]

Then, in law, you have the right to change your mind and get a refund of the payment you made, including the postage, whether the goods are as described, or not. - provided the seller is in the UK.

[pink-kittens]

Yep, as rollo
I'm sure there is a time limit of 7 days? but you can change your mind regardless of whether it fits, is too small, smells etc; you get the picture
However, your seller sounds like a noob, so Paypal will do it all for you

[pink-kittens]

But ........... if it was a private seller BIN;s don't have the same rules as far as DSR in concerned, sorry

[Ethel]

7 days to notify the seller you don't want the goods and will be returning them - you must return them as soon as is practicable.

Distance Selling Regs apply to business sellers on eBay if the listing was BIN or it was a 2nd Chance Offer.

Refer your seller to this:

Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.

The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back.

http://pages.ebay.co.uk/consumer-rights/consum er-rights.html