eBay Issue - non delivery

[Zuiko]

[jamie allan]

Re: eBay Issue - non delivery

Well what a saga. The seller asked me to ask at my local sorting office if they has a stray package for me - which I duly did on Thursday and they said they hadn't. To my surprise I came home Friday night to find said package - 27 days after payment was received. I opened it to find the lens, it wasn't new as described in the eBay sale and it wasn't an OM fit as stated but a Contax/Yashica fit. Duly contacted seller who asked me to send it back and he'd refund but I've to pay the shipping - it's in the eBay rules it turns out. What sort of service is that?

[sapper]

Re: eBay Issue - non delivery

It isn't good service Jamie.
I find that a lot of retailers/sellers have systems in place that help them, not the customer.
Hope it all gets sorted soon.

[Blincodave]

Re: eBay Issue - non delivery

Well what a saga. The seller asked me to ask at my local sorting office if they has a stray package for me - which I duly did on Thursday and they said they hadn't. To my surprise I came home Friday night to find said package - 27 days after payment was received. I opened it to find the lens, it wasn't new as described in the eBay sale and it wasn't an OM fit as stated but a Contax/Yashica fit. Duly contacted seller who asked me to send it back and he'd refund but I've to pay the shipping - it's in the eBay rules it turns out. What sort of service is that?

As the seller is at fault, he should refund you the cost of the return. Is he a 'business seller'? If so, the Distance Selling Regulations (they are on the E Bay website), state he is obligated to refund the shipping costs.

Dave

[Xpres]

Re: eBay Issue - non delivery

Clearly a poor seller. When did he post the lens - has it really been stuck in the system?
If the item is significantly not as described then he has to pay the postage to return the item. I would tell him to refund you the total you paid and add the cost of return postage if he wants his item back. You can still pursue him through paypal if he refuses and give negative feedback.
Good luck.

[photo_owl]

Re: eBay Issue - non delivery

let's get our regulations clear here... it helps in such discussions.

It would (probably) be a distance selling regulation issue if the OP changed his mind within 7 days of receipt and subject to certain other sale issues.

It would be the Sale and Supply of Goods to Consumers Regulations 2002 if they are faulty or unfit for purpose.

Here, as I understand it, it is the Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008, which cover the description of the product. The seller has actually committed an offence and, as such, should be only to happy to resolve the matter with the buyer both quickly and satisfactorily. In fact feedback should be the least of his concerns (but he probably won't understand that).

Personally I would send the item back RD etc with a request to refund your costs including original postage and packing plus return postage at cost. Get something refunded before taking anything to another level. If he only refunds partially advise him in writing that you will be passing the matter to Trading Standards with a view to a prosecution under the above acts and pursuing the additional postage costs through the small claims court if you don't receive the balance of your claim on him within 14 days.

What you actually do after that is up to you.

[pepper]

Re: eBay Issue - non delivery

Distance selling regulations are quite difficult when Ebay is involved!

Basically they only apply to their Buy IT Now type of Auctions, so the relevant legislation this would come under would be the sale of goods act.

They misdescribed the product so they should be paying to get their item returned!

[Xpres]

Re: eBay Issue - non delivery

Unfortunately those regulations would only apply if the seller is registered as a business seller. If he was a private seller then you have to play the game according to ebay and paypal rules which are generally heavily weighted towards the buyer. Pursue him through paypal and you'll most likely get your money back.

[photo_owl]

Re: eBay Issue - non delivery

Unfortunately those regulations would only apply if the seller is registered as a business seller. If he was a private seller then you have to play the game according to ebay and paypal rules which are generally heavily weighted towards the buyer. Pursue him through paypal and you'll most likely get your money back.

Jamie posted this a week ago -

"This I should add is a business seller on eBay with approx 400 transactions and a 99.5% rating prior to 17th October."

[Xpres]

Re: eBay Issue - non delivery

Jamie posted this a week ago -

"This I should add is a business seller on eBay with approx 400 transactions and a 99.5% rating prior to 17th October."

So he did! I should have checked. The law applies then...
Let's hope things turn out OK.

[jamie allan]

Re: eBay Issue - non delivery

Well I've received an email from eBay to say that the seller has returned my original purchase price and the P&P the seller had charged but not my return postal costs. I tried to contact eBay and got a foreign call centre who claimed they could not hear me. I'm not impressed with any of this.

[photo_owl]

Re: eBay Issue - non delivery

Well I've received an email from eBay to say that the seller has returned my original purchase price and the P&P the seller had charged but not my return postal costs. I tried to contact eBay and got a foreign call centre who claimed they could not hear me. I'm not impressed with any of this.

Jamie - you have had it pointed out that this part is beyond ebay ie the seller has complied with ebay rules and you will have to pursue him outwith ebay for this postage.

within ebay you are left with leaving neg feedback for slow posting, wrong description (model) and used not new (as described) - leading you with un-refunded postage charges.

[Melaka]

Re: eBay Issue - non delivery

Reading this thread reminded me I hadn't recieved a lens pouch I ordered over a month ago. I chased it up through eBay and had a refund in under two hours.