Ebay, Faulty Item , Seller Wants Me To Pay For Return Of Item ????

[beezaneez]

i bought a jacket from ebay, the zip is faulty, plus the colour is not as described in photo , in photo the jacket is a mans olive green colour but when i got it the jacket is really a light green / mint green ladies colour and very very poor quality.

i opened a case , i have sent seller 2 messages saying that i wanted to sent jackey back to him at his expense ( why should i the buyer be out £6.99 ) to send a faulty item back ? i have escalated this to resolution centre now. meanwhile seller sent me a message to say that i must pay to return item.

not happy, please be sure of bad sellers on ebay, this is not the first time this has happened.

[Old_Jim]

The legal position is that the contract to buy is void. You are entitled to your money back. The goods belong to the seller, but how he gets them back is his problem. If you simply wanted to cancel the deal because you didn't like the jacket, you would need to pay the return carriage, but not if the goods are faulty or not as described.

If you paid by PayPal, your money will be refunded and deducted from the seller's account. The seller will then have an incentive to get his jacket back.

[jno]

you might find it useful to have some evidence to hand - take photos showing the colour, expecially comparing it with the stated colour, and any poor worksmanship.

[EDDIE51]

You need to return the item so that the seller can see it really is 'not as described'. Once the seller gets it back he has to refund you, if it really is 'not as described ' then the seller has to refund return postage as well.
But you MUST return it first that is eBay's rule.
I am sure you are 100% honest but unfortunately there are buyers out there who are not. It is a known trick to ask for a refund without returning the item then keep it anyway.
if eBay customer service are involved, you have 10 days to return it and provide the proof of delivery other wise they will find for the seller and you will get nothing.
As an eBay-er myself I have had a few cases where someone asks for a refund then fails to return the item.
Take some detailed photos of the item as proof in case the seller refuses to refund and it has to go to eBay for a decision.

[EDDIE51]

Old_Jim, sorry if you buy on eBay you have to abide by eBay rules and they say ,return by a recorded delivery service first then get the refund.

[beezaneez]

so if i send it back, signed for . will seller have to refund me ? im not going to be out of pocket for a seller selling me a real crappy jacket. no way, it even looks ridiculous so i will take photos also.

[EDDIE51]

The seller has to refund you the cost of purchase and if it genuinely is 'not as described' they have to pay the return postage. Problem is the seller may not agree with you and say it was correctly described but you just didn't like it so refuse to pay return postage.Then it would be down to ebay to make a descision. Is there anything under 'returns ' on the sellers listing?

[douglas9401]

Rest assured that ebay will see that you get a refund of all monies due. The buyer is king in their eyes whilst honest sellers have little or no protection in my experience.

[beezaneez]

just got email from ebay tonight to say that since i had been a very valued customer for 6 years now they will give me a label to post jacket back to seller, though seller sent me nasty replies and told me to pay myself, i do not think it is right that i honestly bought a coat and it was not as described and faulty and ebay fits the bill, the seller should pay for all returns " if " faulty or " not as described " seller is getting off scot free here for selling crap on ebay.

[EDDIE51]

ebay will take the cost of the postage label off the sellers paypal account, they will already have taken the purchase price and initial postage off his/her paypal.
If they did not have enough cash in paypal to cover it then their paypal account will show a negative balance, which will have to be repaid. Ebay will hold the cash until you provide the proof of delivery ( by giving them the tracking code) then they will put the cash into your paypal.

[beezaneez]

thanks eddies

[ojread2]

Eddie says ebay will remove the cost of return postage from the seller
Oh no they won't
they have no way to do that
You have to use your legal rights as a buyer outside the ebay dispute process 'n order to gain a refund of return P&P
In your case though, ebay provided you with a returns label. Enter the tracking number into the dispute if you haven't already and you'll get a refund
Ebay offer a 45 MBG over and above your legal rights - you must follow those rules if you wish to use it. Buyer pays return postage

[hc4361]

eBay states that in general sellers pay for return postage
http://ocsnext.ebay.co.uk/ocs/sr

If the seller is a business seller then the law states that the seller pays return postage on faulty items and items not as described. This does not apply to private sellers.

[hc4361]

My link didn't work but here is a C&P


Here's what we found for "Who pays for return postage costs?" [ Previous ]
In general, sellers have to pay for return postage costs, unless they specified in their return policy that buyers pay for them.

[boxtops]

Make sure you send it back by a signed-for method, and keep copies of everything so that if need be, you can scan documents to eBay to prove the dispute.

Eddie - PayPal doesn't work like that, you can't have a negative balance - if you have a zero balance in PayPal then the balance of any monies due are taken from your secondary bank account/card registered to your PayPal account. That happens to me frequently - I use the PayPal clearance facility frequently to buy things, knowing my bank account will pay for it.

This business of colours can be difficult. My camera doesn't always show the exact colour (due to flash, etc) so I am always careful to put something in the description describing the actual colour, if there is variation.

[ojread2]

"In general, sellers have to pay for return postage costs, unless they specified in their return policy that buyers pay for them."

This is NOT what happens via a dispute, this is what should happen legally and ONLY if the seller is a business
Buyer pays return P&P, ebay nor PP have any legal way to force a seller to refund it
Occasionally, ebay will issue a returns label or a no fault refund if the seller doesn't reply to the dispute