Seller deducting fee for returns for non fitting items

[Bremusa]

I bought a couple of pairs of work trousers and they don't fit so I want to return them, of course I pay return postage. However on reading the terms and conditions on the bottom of the page it states that if the items were free delivery £2 per item will be deducted on refund, and returns will only be accepted on contacting the seller for a return code. Although it's not a lot of money I'm a bit miffed that they should be able to do this. Is this right? Or can I just open a dispute? Never had to do this before so any advice appreciated.

[Laquila]

If you bought them online then legally, AFAIK, you have the right to cancel under the Distance-Selling regs, and to be refunded in full for all charges (inc delivery, if you're returning the full order). Can you email eBay for advice? Otherwise I'd email the seller politely telling them you're cancelling your order and requesting a full refund.

[Justmuddlingalong]

Sorry, but if it states this deduction in the t&c , then it sounds like it's legal.

[twistletonsmythe]

seller is wrong. Open a dispute. And neg - twice. Leave negs over 7 days apart if you want them to count as 2 negs btw.

[19lottie82]

yes, total nonsense. ignore them and open a dispute. then leave negatives saying they tried to charge you a "returns fee" (not postage)

[Bremusa]

So I should open a dispute without contacting the seller first? What happens then? Thanks for the posts.

[HeyDuggee]

if they are as described and just happen not to fit you, why should the seller be out of pocket for postage? You don't actually hink free postage means the royal Mail delivers it for free do you?

[twistletonsmythe]

yes - open the dispute. If seller doesn't co-operate you escalate in 8 days and eBay will step in. They may give a prepaid label or a no fault refund.

[ragged]

Gosh Twistle is hard-core.

[SoupDragon]

Leave negative feedback because the OP didn't read the T&C...?

[twistletonsmythe]

If they are not as described then yes do open a dispute. And seller stating they charge for returns is not permitted. I don't think a neg is bad if a seller is unco-operative. Nothing hardcore about that at all.

If it makes you feel better then do message them first. But don't be bullied by a seller using terms which are against the rules on eBay.

[Laquila]

I don't think it's legal to charge a returns fee for something bought online, even if it was in their T&Cs. As far as I know the transaction should still be covered by Distance-Selling regs, regardless of whether the item was as described or not.

(Technically, if the garment wasn't as described then that means it's faulty, and the seller should also be covering the cost of the returns postage. In this instance, however, the OP is covering that cost and is entitled to a full refund.)

And even if Royal Mail doesn't deliver for free, the seller should be absorbing the cost of that charge, because that's the law.

[nauticant]

The thing about using ebay effectively is to ignore irrelevant stuff.

The T&Cs included by the seller are actually bogus and are irrelevant as far as resolving your problem is concerned. However, they do show the seller is acting in bad faith pretending that they can have these T&Cs in place when actually they can't. This is because they are against ebay's rules.

Normally I'd contact a seller to resolve a dispute. This seller looks like they'll be a pain in the arse pretending to have these bogus T&Cs in place. If the fitting problem isn't your mistake OP I'd contact the seller, briefly explain that they need to provide you with a hassle-free return involving full refund and return postage, and if they do anything that isn't quick cooperation I'd immediately open a case.

[Bremusa]

I have started a return through ebay and am now waiting for a returns label, and have included a note to the seller too, just to request a full refund. It is a small amount, but I always thought free delivery was usually incorporated into the price, and as an added incentive to purchase, iyswim. If the seller doesn't want to lose money for delivery then surely they should charge for it in the first place.

Thanks to all for taking the time to reply.