Bought a Parasol on Ebay but it has damage on one bit - my rights please?

[peanutbutterandbanana]

I bought a 'banana' parasol on Ebay 8 days ago. It arrived 3 days later. At around 7pm on that still but sunny evening my husband unwrapped it and put it together. He noticed that one piece (a bit that joined two other bits as if it were the horizontal line in a capital 'A') was damaged. However, he went ahead and put it together. When he had finished he realised that it would not stay up without weights. He didn't just let go and let it plummet onto the grass, he could feel it was not going to stay up so he kept his hand around the 'stem'. We agreed that it wasn't particularly well made and with the damage we didn't want it nor a replacement. I took a photo of the damage and a video showing that it wouldn't stay up (ie my husband couldn't let it go).

We contacted the seller and told them the problem and that, under distance selling rules (this was a 'buy it now' from an Ebay shop) we wanted to return it as per the '7 day rule' which would normally mean that we pay the return postage and they refund the delivery postage. However, if a product is defective then the return postage should be refunded too. This is what the Citizens' Advice Bureau website advised.

The seller didn't respond so I was forced to open up a case with Ebay and a correspondence finally started. The seller has decided that we allowed the parasol to 'rollover' - ie that we allowed it to the drop to the ground (because we told them that it doesn't stand up on its own) and that this has caused the damage, but we didn't allow it to fall and the damage was there before we assembled it.

I have no address for them (although have asked for one) and their ebay site says that they will collect returns for a £10 charge, so I cannot return the parasol at the moment but the seller is insisting that we return it and they will then send us another one. However, we don't want another one and the law says we have a right to change our minds within seven days. This would not be the case if it was a private seller, but it is the case here as the seller is an Ebay shop.

Can anyone please tell me if I have got this wrong? I would appreciate any advice. Thank you.

[Butterflyspring]

you just escalate on day 8 and ebay will give you the address to return it tracked at your expense for a full refund. ebay cannot force the seller to give the return costs too regardless of what CAB website says.

It makes no difference if business or private seller - you can get a refund under ebay rules. Ask ebay to give you a label to return it - then it may not cost you anything.

And do neg and leave low stars. If they are a business their address will be on the listing page btw.

[peanutbutterandbanana]

Thank you, Butterfly. I have just scanned and scanned the listing and the seller, but cannot for life of me see an address. Luckily Ebay now have a phone number so I shall call them at the end of this week if the seller doesn't give me an address. I shall certainly think twice about buying an item like this again from Ebay. Amazon much safer. I really appreciate your reassurance - thank you.
Just for the sake of others who have similar problems I shall update this thread as the matter moves forward, hopefully to a good resolution!

[Butterflyspring]

you don't need to call anyone - eBay will give you the address in the dispute after you escalate it on day 8.

What is the item number?

[peanutbutterandbanana]

Butterfly, it's 261495698775

[Butterflyspring]

Zenetech Clearance
ltd. Unit 1A Whitehouse Lane
HP10 0NT High Wycombe.

address is on the listing - but wait until you escalate the case and see if ebay will give a prepaid return label for it.

You will need to courier it back otherwise with online proof of delivery, royal mail signed for won't be sufficient - try Hermes for a quote.

[peanutbutterandbanana]

Thank you Butterfly. Ebay have told me that 5th July is the 8th day but that I MUST get them to confirm their return address otherwise they can deny receiving it. So I have messaged them again asking them to confirm the address which you have found for me (clever you!).
Thanks again for your help. I'll keep you updated!
PS - Hermes looks good. Full tracking too!

[Butterflyspring]

yes full tracking - and don't pay extra for the signature - it is not needed. It tracks as delivered automatically.

Business seller has the address on the listing if you keep scrolling down btw.

[peanutbutterandbanana]

Update: I did end up phoning Ebay yesterday (helpline number is 0800 3586551) and the call centre woman told me that I was not to return it until the company had confirmed the address for the package to be sent to so that they could not deny that it had been received. I emailed Zenatech and told them that I needed their address as I had spoken to Ebay. That seemed to do the trick. They sent me the address back immediately (same as you gave me, Butterfly) and said they would give me a 'full refund'. I contacted a company called Parcel2Go (Hermes won't take a package this size) who are doing collection and delivery for £11.70 and I paid an extra 30p for a confirmation text. They are collecting it tomorrow, so I shall update next week as to whether the refund is forthcoming including the refund for this return delivery charge due to the item being faulty.

Here is a link to a great page showing delivery companies like Hermes and Parcel2Go.

www.moneysavingexpert.com/shopping/cheap-parcel-delivery#uk

[peanutbutterandbanana]

Update: Zenatech agreed to refund 'the full cost' but they have refunded the cost of the original parasol and the not the return delivery cost, which by law they should pay as the goods were faulty. Ebay appear to have closed the case so I will phone them at some point and ask about the return postage costs.

[Butterflyspring]

ebay will not force the seller to give a refund of the return postage costs - you will only get those if the seller is decent and pays you voluntarily. Nothing you can do now except neg and low stars.