Help. Please Bought a BIN item and it's missing a piece

[brightandshiny]

I bought a frame and hood for my pushchair which came up quite cheap on BIN (no photo), The listing said it came with the frame, hood bars and fixings it arrived this morning and is only the frame no hood bars or fixings.

I've e-mailed the seller asking if they may have been mis-place at her end and am awaiting reply.

I was wondering if she doesn't have the fixings for the hood though could I ask (or would I be entitled) for a part refund to purchase them seperately? as I wouldn't have paid the price I did for just the frame.

TIA

[LadyOfWaffle]

You would definatly be entitled to a full refund, if that's what you wanted. Not sure about partial as some bits are missing - how much would they be to replace? I guess you have to see if it's worth it.

[sixlostmonkeys]

you would be entitled to a full refund via paypal but you would probably have to return first or she could/should agree to a partial refund

[brightandshiny]

I am still wanting the frame I'd just like the hood bit it was advertised with.

They're about £20 - £30 to replace (secondhand) I'd only ask for half of that and stump up the rest myself (return postage would be about £10 anyway)

I'm just not sure on my rights with this.

[blueshoes]

Clear misdescription. Your legal position is that you are entitled to a full refund. I am not sure about the return postage (what does the listing say about refunds), but if I were you, to insist on being refunded the £10 return postage as well (because it is a misdescription, rather than, say, a disagreement as to condition).

If you want to negotiate a partial refund, that is entirely within your rights to agree that with her. But she can refuse your terms in favour of refund.

What is her feedback like? Sloppy mistake for her to make.

[brightandshiny]

she has 202 feed back only one neg well over a year ago for something she bought. noticed from her other listings and completed items she tends to use generic photos and descriptions (possibly taken from other similar listings) with little bits added.
Though with this listing it was clearly stated it came with hood fixings and fixing though not the hood fabric itself. which I thought would be a little to specific to have been taken from any website.

[blueshoes]

If she sells loads, you might find she will be happy to refund you or do whatever to keep you sweet. However she gets her descriptions, they have to be accurate. Like you say, she was specific - it included the hood fixings etc.

[brightandshiny]

Thanks for your guys help/ advice. really reasured me. this is the first time something has gone wrong for me on ebay.

[brightandshiny]

Just thought I'd update with her responce. BTW I think she must be the nicest ebayer ever.

__
Hugest apologies as Ive just realised I had forgotton to add them into the frame box.. I really am sorry and will post out 1st class tomorrow. I will also refund you £5 from the postage costs as a big 'sorry'.. Hope thats acceptable and again, apologies for any inconvenience caused. I'm suffering from sleep deprivation and too-many-pregnancies induced amnesia!!

Kind regards
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I've told her theres no need to refund as shes posting them out because she will already be out of pocket paying for two lots of postage. She has three kids under three so I can totally empathise.

[blueshoes]

hooray, brightandshiny, glad it has worked out. Nothing like buying from another mother, even if they might be a little rushed at times.