who pays return postage

[helloitsme]

I bought something on ebay which i think is not as described. The seller says they will take it back and refund but it's ebay rules that i have to pay return postage. For anybody know if this is the case? Thanks.

[WaffleWiffle]

If you are changing your mind then the seller can insist you pay return postage as long as this was written upfront (ie on the listing).

If the item is not as described then the seller should pay return postage.

[helloitsme]

Thank you. That's what i thought, but inexperienced in these things. I will contact the seller.

[tethersend]

That's not correct I'm afraid- they rules state that the buyer pays:

Does the buyer have to return the original item? Who pays for return postage?
The buyer must return the item to you to qualify for a refund. The buyer will pay for return postage.
Here are the criteria for return postage:
Buyers must return the item using trackable postage with delivery confirmation, or risk not qualifying for a refund if the item is lost in transit.
If tracking or delivery confirmation is not provided by the buyer returning the item, and the item does not appear in a reasonable amount of time, then the seller is not obligated to refund the buyer.

From the eBay website

[helloitsme]

Thank you. That's what i thought, but inexperienced in these things. I will contact the seller.

[tethersend]

It may be worth contacting eBay and asking for a pre paid postage label. They sometimes provide one as a goodwill gesture.

[helloitsme]

Oops, sorry i posted twice. Humph, confused. Is that quote specifically about a return when item not as described tethers?

[helloitsme]

Oh thanks tethers, i will do that.

[tethersend]

I agree, living- but them's the rules.

[tethersend]

Yes, the quote is specifically about not as described items, helloitsme. Have a look on the link- you need to scroll down a little.

[helloitsme]

Yeah I'm abit surprised that i end up out of pocket for an item not as described, but thanks for answering tethers, better know the right answer than have a big fight with the seller for no reason...

[helloitsme]

Yeah I'm abit surprised that i end up out of pocket for an item not as described, but thanks for answering tethers, better know the right answer than have a big fight with the seller for no reason...

[CocktailQueen]

But if you open a case with ebay saying not as described, ebay will find for you...

[helloitsme]

Oh, sorry for repeated reposting. Struggling with my tablet....

[helloitsme]

When you say ebay well find for me, does that include paying the postage?

[febreezed]

If you open a not as described case, eBay will encourage you to return item to seller as detailed in tethers post above, paing for return postage. I have only once had a pre paid envelope from eBay and that has been when the seller didn't respond to the case I opened.
Buyer is responsible for return postage, unless you get a reasonable seller who agrees to pay it, they are under no obligation though.

[mindyourown1]

A good seller should pay return costs, but cannot be forced to do so. eBay may give a return label or a no fault refund if you complain enough in the dispute.

You can neg and leave low stars if seller is uncooperative.

But otherwise you pay to return tracked - Hermes may be cheaper than Royal Mail at £2.98 if under 1kg.

[WaffleWiffle]

tethersend: That's not correct I'm afraid

It is exactly as I explained in the first post. The key was in the word should.

A buyer has a legal right to not need to pay return postage for SNAD items under the Sale of Goods Act. Ebay have never been able to enforce this but it does not stop it from being a consumer right in England.

As mentioned by someone else, ebay often provide prepaid postage for the return, especially if done through the dispute process. This is the buyers best option if the seller refuses to pay return postage for a SNAD item.

My first paragraph is about change of mind refunds, covered under the Distance Sales Regulations.

[mindyourown1]

yes if the buyer is abroad then they have to pay for tracked return postage.

The buyer may have a legal right to not pay - but if the seller refuses eBay will not force them. Your only recourse for that is small claims court - which is ridiculous for a few quid postage.

[tethersend]

Interesting, Wiffle- but it would depend on who the seller is and how it was misdescribed as I understand it- if you’re buying from an individual and not a business seller, this constitutes a private sale, so I think the rules would be slightly different.

For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller. So a pair of shoes described as size 5 which are actually size 3 would be covered, but an item is advertised as “a three-year-old bike” doesn’t mean it has to work, just that it has to be three years old.

Even if the item is covered, mindyourown raises a good point about the hassle of going to small claims for a few pounds. I wonder if eBay will change their rules? They certainly should.

[mindyourown1]

I think the issue is eBay can only force a refund of money which the buyer has paid - for them to plunder a sellers bank or paypal account and help themselves to money to pay a buyer further charges - surely that would not be legal?