refund from business ebay seller

[ytrewq]

I bought a leatherman leather case from a ebay business seller and when it arrived yesterday the clasp was broken. I e-mailed him to ask for his address so I could get a refund and he has reply that I need to return it for an exchange. I understood that if an item is faulty I am entitled to a refund through the Sale of Goods act that says that the item must be defect free. What do you think

[Ethel]

As well as the Sale of Goods Act, you have the might of the Distance Selling Regs behind you if you bought it on a fixed price (such as Buy it Now) and not an 'auction'. This gives you the right to return an item for any reason - such as a change of mind - for a full refund.

You have every right under the SGA to reject the item and get a full refund, regardless of any 'policy' or 'terms and conditions' the seller may have - he cannot override the law.

Email him again, say you are not happy with the quality of the case and you want a full refund.

[Buenchico]

Your right to a full refund (rather than to a repair or replacement), in respect of defective goods, lasts only up until the point where you're deemed to have legally 'accepted' the goods. If the case had arrived in apparently good condition, and the clasp had broken some time later, you could only expect a repair or replacement. However, it's clear that you've never 'accepted' the case and therefore, as you state, your right to a full refund remains intact. (The trader should also refund both the initial carriages costs and the cost of returning the case to him).

If the guy is operating a business online (irrespective of whether it's directly or through eBay) you shouldn't have had to email him to obtain an address for returns. It's illegal, in the UK, for anyone to trade online without providing a returns address at the point of sale.

If you experience problems with this trader, you can find the contact details for your local Trading Standards office by entering your postcode here:
http://www.tradingstandards.gov.uk/

Alternatively (or as well), of course, you could refer the matter to eBay's disputes procedures.

Chris

[Buenchico]

Further to Ethel's post, this might help:
http://www.oft.gov.uk/shared_oft/business_leaf lets/general/oft698.pdf

Chris