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Quote: Originally posted by duffs54 on 08/5/2013

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Here you go this is off of ebay,you need to check what their selling page says on your advert.

returns

good luck

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The above comments are correct to a point.................

1. We do not know how long the OP had the window before returning it. You have seven days, from date of receipt,  under the Distance Selling Regs, and if the OP had the window longer than that then the Regs do not assist. Under the Regs the OP pays the postage

2. The seller has to be based within the EU and we do not know where that seller is

3. The seller has to be trading and not just a private individual selling off an old window.

4. The Distance Selling Regs simply give a right to change your mind and to return the goods whether they are defective or otherwise.

So, if the OP had the window for less than 7 days before returning it, and he stated that he was returning it under the rights he had in the Distance Selling Regs, the trader is in the EU, then he is entitield to his money back, but not the postage

Perhaps what the OP needs to focus on here is a simple contract complaint. He claims that they sent the wrong window in which case it is simply a case of breach of contract and nothing to do with Distance Selling Regs. However, it appears that the only evidence he has is what he said in a telephone conversation and which I guess was not recorded, so, potentially, its going to be a fight.

If you want to buy something so important its best sometimes not to try and cut corners and buy it off eBay.

Phil 

If the seller is in the UK and is a trader (rather than an individual) why not try a complaint to the credit card company if the window cost more than £100

Quote: Originally posted by cwdc56768 on 09/5/2013

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The above comments are correct to a point.................

1. We do not know how long the OP had the window before returning it. You have seven days, from date of receipt,  under the Distance Selling Regs, and if the OP had the window longer than that then the Regs do not assist. Under the Regs the OP pays the postage

2. The seller has to be based within the EU and we do not know where that seller is

3. The seller has to be trading and not just a private individual selling off an old window.

4. The Distance Selling Regs simply give a right to change your mind and to return the goods whether they are defective or otherwise.

So, if the OP had the window for less than 7 days before returning it, and he stated that he was returning it under the rights he had in the Distance Selling Regs, the trader is in the EU, then he is entitield to his money back, but not the postage

Perhaps what the OP needs to focus on here is a simple contract complaint. He claims that they sent the wrong window in which case it is simply a case of breach of contract and nothing to do with Distance Selling Regs. However, it appears that the only evidence he has is what he said in a telephone conversation and which I guess was not recorded, so, potentially, its going to be a fight.

If you want to buy something so important its best sometimes not to try and cut corners and buy it off eBay.

Phil 

 

If the seller is in the UK and is a trader (rather than an individual) why not try a complaint to the credit card company if the window cost more than £100

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The DSR do not apply to sales by auction and I note that this sale was via eBay and so it may or may not have been an auction.

To cancel the contract under DSR (if they apply to this case) you have to cancel in writing and not over the phone unless the sellers Ts and Cs say that you can cancel by phone. In this case the OP appears to have cancelled by phone so, on the face of it the DSR do not apply. The OP amu have inadvertently fallen outside of the regs by phoning 

If the contract for sale, and written information supplied under the DSR, says that the customer pays for the postage to return goods then the customer has to pay that postage. eBay confirms that position.

The point is that if you make a claim under the DSR and the Regs do not apply, then the other party can refute your claim. So, demanding a refund of the cost and postage under the DSR the seller can simply say "Under the DSR I do not have to do so" and leave the buyer to work out why.

Then there is the 7 days issue.

So, there is the option of quoting, for example, the Sale of Goods Act, and which enables the OP to claim the money plus postage as damages for breach of contract.

Perhaps the easiest option is to use the eBay disputes arrangements.

Phil

There is what the law limits and there is what the law doesn't apply to. What we don't have is a verbatim detail of the conversation between OP and seller. Somewhere along the line a mistake has been made ....but who was responsible for that...in law..Or put another way, who can prove what? If the OP was in the wrong (and I am not saying he was) the seller can then make his own arrangements for settling the matter.

Problems of buying off eBay. So much better for a garage to have a look at the actual car.

Some sellers do the honourable thing no matter what the law says, some try to avoid their responsibilities. Many a time problems arise because of how we buy. Surfer, it sounds as though you benefitted from an honourable seller.

Phil 

Quote: Originally posted by cwdc56768 on 09/5/2013

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There is what the law limits and there is what the law doesn't apply to. What we don't have is a verbatim detail of the conversation between OP and seller. Somewhere along the line a mistake has been made ....but who was responsible for that...in law..Or put another way, who can prove what? If the OP was in the wrong (and I am not saying he was) the seller can then make his own arrangements for settling the matter.

Problems of buying off eBay. So much better for a garage to have a look at the actual car.

Some sellers do the honourable thing no matter what the law says, some try to avoid their responsibilities. Many a time problems arise because of how we buy. Surfer, it sounds as though you benefitted from an honourable seller.

Phil 

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