Well, it was bound to happen (Ebay complication)

[TooNice]

I bought an item (rice cooker) on Ebay, and received a lower end model than the one I paid for. I just sent the seller a polite message regarding the mistake. Should I give the seller a chance to get back to me first, or should I dispute the transaction with Paypal right away? I do not wish to come across as being overly aggressive, but given that the seller's stated that returns must be done within 14 days, I do not have that much time left either.

[Domestic_Ginger]

You need to communicate during the ebay dispute procedure (takes a while btw). I would let him get back to you.

Is it a private seller?

[TooNice]

Business seller. I just went through this page (http://pages.ebay.co.uk/help/buy/ite...ived.html#talk) and it states that I should talk with the seller first. Fair enough, and while it is too early to expect a response, how long should I wait before opening a dispute with Ebay?

[Domestic_Ginger]

wait 24hours then another little nudge? After a further 24hrs I would threaten dispute. They should get back to you; Its horrible being in this situation as no-one likes waiting.

BTW paypal has good protection so you should be covered but I hope for your sake you have more to eat than just rice though!

[Saracen]

Was it a Buy It Now, or an "auction" listing?

Are you within 7 working days of the day after delivery?

If so, eBay BuyItNow transactions are covered by the Distance Selling Regs (and it's disputable whether even auction-type transactions are, though eBay themselves say they aren't). And in that case, even the cost of collecting the goods from you will be down to the supplier, as he substituted an alternative for the goods you actually ordered.

If you have exceeded that "7 working days" (excluding banks hols and weekends) period, then check carefully what "prior information" the seller provided, and compare it to his obligations under the DSR. IIRC, one of the things he MUST include is that he reserve the right to substitute goods if, for instance, he's out of stock and, if so, that he will pay the collection costs if you then cancel. There's a lot more that he MUST tell you too.

The crunch point is that if you aren't given that mandatory information, the "7 working days" starts either when he does tell you, or after 3 months (so you'd get 3 months and 7 working days to cancel if he never does comply).

Your DSR rights are, of course, in addition to and independent of eBay's dispute process. If the DSR gives you rights, neither eBay nor the seller can take them away. But to use the DSR, you MUST cancel within the prescribed time period, and you MUST do it in an approved format, which essentially means in permanent form, i.e. not by phone.

[TooNice]

Thanks. Is the seller still bound to the DSR if it is a crossborder transaction? The item was listed on Ebay.co.uk, but the item, and I rather suspect the seller isn't.

I was just about to open a dispute with Paypal but saw this:

Message from Your Seller
Your satisfaction is our top priority. If you have a problem with a transaction, just let us know by email and we will resolve the issue by sending a replacement or a refund. Before opening a dispute please email us at sweesweetrading@gmail.com. We will respond to all customer emails within two working days.

Not an unreasonable demand, although time is running out if I want to claim under DSR (assuming that I can). I hope I am not going to regret waiting till Monday.

[Saracen]

Thanks. Is the seller still bound to the DSR if it is a crossborder transaction? The item was listed on Ebay.co.uk, but the item, and I rather suspect the seller isn't.

Hmmm.

In theory, I'd say yes, since the transaction was done via ebay UK and therefore bound by their rules. But if its a trader that's not based in the UK, I'd guess that whatever the theoretical legal position, enforcing it would be a nightmare and probably impractical.

It might give you an edge with eBay, though, because they DO state that sellers are bound by the DSR for BuyItNow, so if the seller refused to honour the DSR, they're flouting eBays T&Cs too, which might (and I stress might, since I'm not a regular eBayer and don't know) cause eBay to act, either to resolve a dispute in your favour, or to boot the seller off eBay. I'm not saying they would do the latter, but eBay have been getting a lot of stick, and seem to be getting more sensitive to buyers, so if they'd had several such instances .....??


It's a thought worth considering, anyway.

[TooNice]

Thanks.

Well, they just replied to my email (quick given that the Ebay message I left yesterday wasn't replied until, well, just now after I sent the Email) and it seems like we can work this out amicably:

Hi,

We are sorry about this mistake.

Please send the return item to our Europe Correspondant with trackable shipping by Royal Parcel Post(Please do not send it using DHL or courrier services), your return fees will be refunded.

Once we get the returned item we will reship the right model of rice cooker to you.

<Address in France>

Cordialement,
Viki

CasaBento Customer Service Department

Still too early to celebrate, but the presence of communication do give a bit of hope. Now I need to figure out if I can use the DHL cardboard box with Royal Mail, or if I will need to get a new box.

[Saracen]

Wonderful time to be sending parcels (or anything, really) by Royal Mail though. Not.

Good luck.

[TooNice]

Yeah, I should know - it took me over a week to receive some study notes from my Uni which is only 10 minutes away (15 on a leisurely walk). It would've been much faster if I'd crawled there with a 41+C fever (reason I asked my teachers to send me the materials). Thanks though

[TooNice]

Um, does know anyone if there would be a problem if I use the a DHL cardbox (basically the one I received with the item) to send something via RM? I could buy a box from the post office, but there is no point in wasting boxes if it can be re-used (no damage whatsoever, but DHL plastered all over).

[PeterStoba]

Should be fine, if in doubt, cover in brown paper, cheap enough.

[GoNz0]

i ship lots of other shipping companies stuff via city link so i doubt RM will have a problem.

[TooNice]

Should be fine, if in doubt, cover in brown paper, cheap enough.

Brilliant idea. Silly question time: do they sell them in most Post Office? Yeah, as you can tell, I do not send things often (come to think of it, I think I have tried 'covering' the logo with brown tapes before).

[Ulti]

You can get it in Wilkinson for 67p for quite a large roll.

[TooNice]

Long overdue update given that it was resolved to my satisfaction weeks ago. I was most concerned when I sent the item back because at that time I was almost £250 down (payment for product + £50 for shipping back), with nothing to show for.

Had the seller pulled a vanishing act I am not sure if I could've gotten the £50 back from Paypal, even though the seller stated that it would be refunded (not sure if it makes Ebay/Paypal liable too). I was also concerned by the fact that I sent the item to France when it came from Asia.

The seller kept close contact during this period, and once they've received it, I was immediately sent the correct item by DHL. Afterwards, I sent them the cost of postage + my transportation cost (and brown paper ), they refunded all my costs (except time) rounded up.