Ebay

[Andeh13]

Long story short I bought a backlit keyboard for my Studio 17 laptop back in November. When it arrived it wasn't a backlit one, just a bog standard Dell keyboard. I asked for a return & sent it back to him asking for a backlit one to be sent out. Instead he refunded me the money, but despite me asking several times he didn't refund the delivery costs I paid to have it sent back to him. Despite a few e-mails he never refunded me the costs.

Few weeks ago I decided to give him a second chance and bought another backlit keyboard. It arrived and again it was non backlit. Obviously I am a tad fed up, as if I send this one back and he doesn't refund me the delivery costs I will be out of pocket £10 for these two cock ups he has made.


Can i send him the keyboard back & still leave (negative feedback) or should i give the dispute route a go? Any other advice?


thanks guys

[CAT-THE-FIFTH]

Long story short I bought a backlit keyboard for my Studio 17 laptop back in November. When it arrived it wasn't a backlit one, just a bog standard Dell keyboard. I asked for a return & sent it back to him asking for a backlit one to be sent out. Instead he refunded me the money, but despite me asking several times he didn't refund the delivery costs I paid to have it sent back to him. Despite a few e-mails he never refunded me the costs.

Few weeks ago I decided to give him a second chance and bought another backlit keyboard. It arrived and again it was non backlit. Obviously I am a tad fed up, as if I send this one back and he doesn't refund me the delivery costs I will be out of pocket £10 for these two cock ups he has made.


Can i send him the keyboard back & still leave (negative feedback) or should i give the dispute route a go? Any other advice?


thanks guys

You can file a Ebay or Paypal dispute and they would probably tell you to send the item back for a refund. However the seller is not liable for postage fees when you send it back AFAIK.

Even when you have to RMA computer parts like power supplies not all companies will necessarily refund postage and Ebay is no different TBH.

This is why in some ways it is better to buy stuff from shops at times.

[Clunk]

As George dubbya Bush said...

http://www.youtube.com/watch?v=eKgPY1adc0A

[Andeh13]

Yeh, never should have given him a second chance. Shame I cant find these keyboards anywhere else. Had i bought an item from scan & they sent me the wrong one, surely they'd be liable to pay my return postage?

So if i send it back Ill void the chance to leave him feedback?

[Saracen]

You can file a Ebay or Paypal dispute and they would probably tell you to send the item back for a refund. However the seller is not liable for postage fees when you send it back AFAIK.

Even when you have to RMA computer parts like power supplies not all companies will necessarily refund postage and Ebay is no different TBH.

This is why in some ways it is better to buy stuff from shops at times.

If :-

a) the seller is a dealer and you're a consumer, and
b) the goods are not of a type excepted from the Distance Selling Regs, and
c) you act within the specified time period (usually 7 working days), and
d) you cancel in durable form (not by phone), and
e) the goods you get aren't the goods you ordered

.... then you sure are entitled to your return postage back.

Basically, IF the DSR applies and you comply with it, then generally if you just change your mind about the goods and cancel, you should get a refund on the cost of shipping to you, but you get to pay to ship back.

If, however, you also have a right to cancel under some other contract term (like the Sale of Goods Act) then the supplier either has to pay to collect or reimburse your postage costs.

With some suppliers, you might have to argue about that and in extreme cases, use the small claims court, and many rely on people not being bothered enough to take it that far, but you're entitled to them back.

The principle is .... when the supplier, either by mistake or deliberately, supplies goods that aren't what the customer ordered, why should the customer be out of pocket in returning them?

[jim]

I'm sure that eBay will back you all the way... give him hell

[CAT-THE-FIFTH]

If :-

a) the seller is a dealer and you're a consumer, and
b) the goods are not of a type excepted from the Distance Selling Regs, and
c) you act within the specified time period (usually 7 working days), and
d) you cancel in durable form (not by phone), and
e) the goods you get aren't the goods you ordered

.... then you sure are entitled to your return postage back.

Basically, IF the DSR applies and you comply with it, then generally if you just change your mind about the goods and cancel, you should get a refund on the cost of shipping to you, but you get to pay to ship back.

If, however, you also have a right to cancel under some other contract term (like the Sale of Goods Act) then the supplier either has to pay to collect or reimburse your postage costs.

With some suppliers, you might have to argue about that and in extreme cases, use the small claims court, and many rely on people not being bothered enough to take it that far, but you're entitled to them back.

The principle is .... when the supplier, either by mistake or deliberately, supplies goods that aren't what the customer ordered, why should the customer be out of pocket in returning them?

I assume none of this applies if it is a private seller and hence not a business. Most sellers on Ebay are not businesses.

[Yosh]

Few weeks ago I decided to give him a second chance and bought another backlit keyboard. It arrived and again it was non backlit. Obviously I am a tad fed up, as if I send this one back and he doesn't refund me the delivery costs I will be out of pocket £10 for these two cock ups he has made.

I can't believe you went back for more I mean seriously this is Ebay we are talking about, if i have an issue with a seller once they get added to my block list cus chances are they will be no different the 2nd time around

[sadbuttrue]

I'm sure that eBay will back you all the way... give him hell

You've clearly never had to deal with the Ebay resolution center. They invariably decide in the sellers favour, even when all the evidence points to them being at fault.

[Saracen]

I assume none of this applies if it is a private seller and hence not a business. Most sellers on Ebay are not businesses.

Correct, it doesn't. Hence point a).

Not so sure about that "most" being private, though .... but it might depend how you measure it. It might be that, measured by account numbers, that's true. But what about percentage of transactions? Most individuals might have one or two, or at most a handful, of items for same. Most businesses may have dozens, hundreds or thousands.

What makes me suspect that the seller is a business (whether he's registered as such or not) is that he's selling, some time later, more of exactly the same item. It's certainly possible that a private individual might have multiple identical items, but far less likely.

You don't have to be formally in business and registered as a limited company, or even declared as self-employed, to be a "business" that's "trading". Ask the Inland Revenue. If you buy with a view to resale at a higher price, you're essentially trading, and are "in business"

[jim]

I assume none of this applies if it is a private seller and hence not a business. Most sellers on Ebay are not businesses.

Whatever happens though, you can't sell someone a car and deliver a book.

[CAT-THE-FIFTH]

Whatever happens though, you can't sell someone a car and deliver a book.

That is true!!

OTH, sellers have to be careful too. For instance there have been cases when kids who use their parents account and break the items themselves and a couple of weeks later expect a replacement. Sellers need to be protected too as there are buyers who are less then honest and try a fast one on the seller.

I like the idiots who buy a high end card and then try using a EZ Cool PSU and destroy the said card after a few days. Then they try whinging back to the seller or the muppets who fry an item with static and then expect the seller to replace it.

I have heard enough of the horror stories that sellers have to go though because of dishonest buyers.

[CAT-THE-FIFTH]

It's certainly possible that a private individual might have multiple identical items, but far less likely.

What if you are getting rid of SLR lenses and the filters diameter on all the lenses are the same?? You could be getting rid of two or three identical skylight filters.

What if you had a valve amplifier and were selling it then?? You may have two set of new replacement valves which you would want to sell too.

A pair of graphics cards as part of SLI or Crossfire setup then??

It is very easy for a private seller to have multiple identical items for sale.

[Andeh13]

http://cgi.ebay.co.uk/ws/eBayISAPI.d...m=250551010398

He is registered as a business seller and it clearly shows I bought a backlit keyboard. I sent him an e-mail saying I would like my postage refunded as it is through no fault of my own that I am in this situation. He responded by saying ''Return policy

We offer 30 days RTB warranty.If you not happy with product.
mirek
07769658999''

Clearly not very helpful. I am going to press this issue though, doesn't seem fair that I am out fo pocket through his mistake ins ending me the wrong keyboard.


edit; Just to confirm, i am guessing the minute he gives me a refund I cant leave feedback?

[blueball]

Sale of Goods Act: Goods have to be as described!

[Andeh13]

Sale of Goods Act: Goods have to be as described!

Thats what I thought. I can see him being difficult over this though & don't think ill be able to get my postage back. Can i Leave him negative feedback and still get my refund? If he gets the returned keyboard & then doesn't refund me the money, is there anything I can do?