Road rules3 mins ago
How Likely Am I To Get A Reimbursement?
14 Answers
I just received two vintage bracelets purchased on ebay in the post and both were damaged...one is not repairable.
I've contacted the seller and included a photo.
The seller has 100% positive feedback,and does not accept returns. The items were described as being in "very good wearable condition".
I've contacted the seller and included a photo.
The seller has 100% positive feedback,and does not accept returns. The items were described as being in "very good wearable condition".
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Give the seller a day or so to respond, but also examine the 'returns' section on ebay itself. Basically ebay supports the principle that goods sold should be as described, so you could instigate the process for ebay to refund you. You'll need to return the item but don't do this till it's clear either from ebay or the seller that you are being reimbursed. It's annoying when it happens but I've always found ebay very reliable about this kind of thing. It may take a longer time than you'd like - but it should happen with no problem.
Irrespective of whether the seller was a private individual or a business, the goods sold to you must be 'as described'. As they're not, you have the legal right to a refund of both the purchase price and the carriage charges.
[Sale of Goods Act 1979].
If the seller is operating as a business (even if they've not actually registered with eBay as a business seller) then, even if the goods were perfect, you would have the right to return them anyway for a full refund. If the seller had met his/her legal obligation to tell you that (before you made your purchase) he/she could have required you to pay the return carriage costs. However, as (by illegally stating 'no returns') the seller has failed to do so, the vendor would also now be required to refund your carriage costs, as well as the cost of the goods, even if the goods were in perfect condition.
[Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013].
A seller with 100% feedback is likely to want to retain it, so you probably won't have any problems getting your money back.
[Sale of Goods Act 1979].
If the seller is operating as a business (even if they've not actually registered with eBay as a business seller) then, even if the goods were perfect, you would have the right to return them anyway for a full refund. If the seller had met his/her legal obligation to tell you that (before you made your purchase) he/she could have required you to pay the return carriage costs. However, as (by illegally stating 'no returns') the seller has failed to do so, the vendor would also now be required to refund your carriage costs, as well as the cost of the goods, even if the goods were in perfect condition.
[Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013].
A seller with 100% feedback is likely to want to retain it, so you probably won't have any problems getting your money back.
You will be 100% reimbursed if you go through Ebay Resolution Process -if the seller does not get back to you then open a case of 'not as described' and wait the prescribed time. You MUST go through eBay -they will either send you a postage label or will add the cost of the shipping onto your refund. A good seller (like what I am lol!) would refund you and ask you not to bother to send them back, or if there is a possibility of them having been damaged in the post then the seller can make a claim.
Some years back I had to keep on at a seller in the past who put a "no returns if.." clause in. Pointed out that the item had to be able to do the thing claimed of it. After umpteen correspondences I had to threaten to take them to the small claim court and gave notice of a date by which I'd do so if there was no resolution before they capitulated and did the right thing.
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