Ebay Faulty Product

[muskox]

I have bought a small new item from a trader on Ebay. It is faulty and I have asked to return it for a refund including original postage, via the resolution centre. This has been agreed by the seller. Am I within my rights to ask for a contribution towards the padded envelope and postage to send the item back?

[grasscarp]

It should say on the original seller advert what the terms are for returns. I have noticed some saying that the buyer must pay the return postage.

[boxtops]

I don't think you have a right - the original P&P price is intended to cover not only the postage costs but also the cost of packaging, taking to PO, etc. However, you need to look at the seller's refund policy and approach them saying that since it's not your fault you have to sent it back, would they consider a contribution? I've always personally refunded return postage if anyone's had to send something back to me, it seems only the decent thing to do.

[Buenchico]

Yes.

If you were simply relying on your right to return the goods under the Consumer Contracts Regulations (which you could use whether the product was faulty or not), you'd have no right to expect the seller to pay for your p&p.

However you're returning the goods under the Sale of Goods Act and a customer should not be left at a disadvantage (financial or otherwise) through such a return. For example, if you have to make a 50 mile round trip to return a recently-purchased faulty item to a retailer, you're entitled to demand your petrol money from him. Similarly, you can claim for p&p. (Although, in reality, there's probably no much you can do if he refuses as it wouldn't be worth going to court over the matter).

[muskox]

The refund stated on the seller's website does not make any mention of the postage. Looking at the feedback from previous buyer's there are very negative remarks about aggressive behaviour, with some saying that the seller claims that the item was not returned. I was aware of this when I bought the item, but was swayed by the fact that the item was marked as 'quality guaranteed' and I desperately wanted it for a birthday. It is my own silly fault - not listening to my 'inner voice' ! I think I will have to cut my losses and just send the item back at my expense.

[Buenchico]

The first two posts weren't there when I started typing. They both seem to be referring to your right to return goods bought through 'distance selling' under the Consumer Contracts Regulations (which have recently replaced the Distance Selling Regulations). As I explained above, you're NOT exercising such a right but instead returning the goods (because they are FAULTY) under the Sale of Goods Act.

[muskox]

Really useful answers - thank you all. Appreciate the support. Will use some of Buenchico's words in my response to Ebay's resolution centre.

[daveygh]

I always try to keep the padded envelopes that ebay deliveries come in and reuse them with brown packing tape to seal and a new address label stuck over the original.

[muskox]

I have started to do this for Ebay and have a dedicated box for packaging. My thrifty elderly Aunt does this too. She uses 'post-its' to put over the addresses of pre-used envelopes and uses cereal packets for shopping lists etc. She was brought up during the war and seems to cherish things more than I do.
I don't feel like 'wasting' a new envelope on my rather dubious Ebay seller.

[EDDIE51]

If you just change your mind about an eBay item you have to pay for the return postage. But if it is 'not as described' then the seller should pay. In practice you probably need to return the item via recorded post and once the seller accepts that it was 'not as described' then they pay the return cost. Note that you MUST use a recorded service or the seller can just say that the item was never returned.