Return of Faulty Android Pad

[ellipticrecords]

Hi There All.....
Bit of advice really. I purchased an Android Pad from a seller on Ebay who has himself as a LTD company. The pad was faulty and he agreed to pay a full refund. I sent the pad recorded mail and asked him when i could expect payment. I was told i would receive a full payment for the pad (which i did) though i would not receive a refund for my postage as he has on the site "Postage paid by buyer". However after checking the Sale of Goods Act i discovered that if a refund is made for faulty goods then the seller is liable for the full cost including postage. Just so im right is this the case as i will persue the individual for reimbursment of the postage cost.

Thanks All......

 

[ALewis]

Hello,
"buyer pays the postage" would be correct if you were returning the goods under the Distance Selling Regulations,
However, you are returning it under the SOGA, therefore you are entitled to your postage refund as the situation is not your fault and you should not have any detriment.

 

[ellipticrecords]

Thanks ALewis....

 

[Shoot from the hip]

Hello,
"buyer pays the postage" would be correct if you were returning the goods under the Distance Selling Regulations,
However, you are returning it under the SOGA, therefore you are entitled to your postage refund as the situation is not your fault and you should not have any detriment.

Which part of the DSR are you quoting?

 

[Witch consumer]

It would only be correct if the goods were not faulty, as this is not the case, the supplier is liable for all costs, this is from the OFT Guide to Businesses on the DSR:

Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

Whether returning under the DSR or SOGA, you do not need to pay the return postage.

 

[ALewis]

Thanks for answering for me witch, saved my typing on iPhone lol

 

[ellipticrecords]

Update!!!!
Have contacted seller 4 times now and he refuses to answer. Have had a typical response from eBay after reporting it to them (See Below).

Hello Adrian,

Thank you for contacting eBay Customer Support about the tablet (item ) you bought from "seller" which is not as described. I'm sorry to hear that your seller failed to refund your return postage cost.

Return postage costs are not covered by our eBay Buyer Protection Programme. For significantly not as described cases in eBay, our policy is that buyers are responsible for paying return postage unless the buyer and seller have reached a different agreement, so we suggest you contact your seller for possible refund.

Here's how to get the contact details of the seller:

1. Click on 'My eBay'
2. At the top of the page click on the link that says 'Advanced'
3. Under 'Members' on the left hand side of your screen, click 'find contact information'
4. In the first text box, provide your seller’s user ID
5. In the following text box, provide the item number which you have issue with
6. Click 'Search'

We'll then send you the seller's contact details by email. Bear in mind that, when we send you this, we'll also send an email to the seller with your contact information.

I realise this wasn't the answer you were looking for, but I hope I've been able to explain things clearly for you.

Thanks for your cooperation and patience. We're sorry for any inconvenience caused.

I hope that I've explained things clearly and wish you all the best on eBay in the future.

Kind regards,

Grace Sanders
eBay Customer Support

Clearly very poor support!!! Have given them feedback!!

Question is whats next as i want to escalate not only getting my money back but highlighting eBays clearly poor "Buyer Protection Programme"??

Thanks All.......