Distance Selling Regulations

Martynt74

Martynt74

Martynt74

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Hondon de las Nieves, Spain
I’ve returned an item to an ebay seller who has offered a refund minus £10 for the original shipping costs (Item was offered as having free shipping)

I know from the distance selling regulations that the seller has to refund me the total amount including any shipping costs (I've paid the cost of return shipping and am happy to do so). However looking at the dates we did not return it within the 14 day standard cooling off period.

Just before and reply stating the fact that they should refund me the total cost. Is there any possibility that they could be a bit ****** about it and use the fact it wasn’t returned quickly enough as an excuse to reject the return entirely? If they try to say this is there anything I can do to force the fact other than emailing paypal?
 
Edit: I didn't read your post properly. I'd be interested to know the crucial bit - charging you a tenner for what was advertised as free.
 
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you are the buyer, ebay and paypal always side with the buyer these days. If he doesn't cough up, file a ticket and watch the paypal refund roll home..............
 
DSR no longer exists as it was replaced by Consumer Contracts Regulations.

Marvt74 said:
I know from the distance selling regulations that the seller has to refund me the total amount including any shipping costs (I've paid the cost of return shipping and am happy to do so). However looking at the dates we did not return it within the 14 day standard cooling off period.
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You have 14 days starting the day after delivery to notify the business of your intentions to return the item, you do not need to send it back within those 14 days.
 
DSR/CCR only applies to businesses don't forget, if they're registered as a standard user then you're going to have to go down the eBay/PayPal route. But to be honest, it's probably just to raise a case with eBay, they will automatically give you the full refund regardless whether the seller likes it or not once you have proof it's returned
 
They are a business selling through EBay. I've replied stating my rights whilst trying to avoid sounding like a **** so we'll see what they say.
 
Under the new CCR's it specifically says they have to refund at minimum the cheapest postage they offer. So if you paid for quicker delivery they could get away with only refunding their basic offering for example, but couldn't refund any less than that.

So since they offer free postage, there's no way they'd get away with charging you £10 for the original free delivery.
 
Had the expected response stating that their standard terms state that any returns for non fault items incur a 25% restocking fee and they are in fact doing me a favour by only charging a £10 fee!
 
Marvt74 said:
Had the expected response stating that their standard terms state that any returns for non fault items incur a 25% restocking fee and they are in fact doing me a favour by only charging a £10 fee!
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First point them towards the CCR which states their charges must be reasonable if the item has been unpacked iirc and then give them the big finger and just go through PP anyway to get the full amount.
 
That's more of less what I've said. The package was unopened (hadn't even opened the box they shipped it in, just stuck a return label over the top of their shipping label)

I've given them one last chance to do it and will then just contact paypal.
 
tom_e said:
First point them towards the CCR which states their charges must be reasonable if the item has been unpacked iirc and then give them the big finger and just go through PP anyway to get the full amount.
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I don't believe that they can even discount just for unpacking the item - only if the value has been reduced due to actions over and above those needed to determine the suitability of the item. I would say unpacking is perfectly acceptable.
 
Buckeyed said:
I don't believe that they can even discount just for unpacking the item - only if the value has been reduced due to actions over and above those needed to determine the suitability of the item. I would say unpacking is perfectly acceptable.
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I think it's over and above what you would/could do in a shop.

So opening up the delivery packaging or a box will be fine, but opening up one of those plastic containers you have to cut your way into wouldn't.
 
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