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Seller refusing to refund me - advise please

(17 Posts)
MsBrown Wed 07-Nov-12 20:58:01

I bought three items from an Ebay seller last week, which arrived today.

Two of the items are faulty and not as described; the other one is in great condition.

I contacted the seller and told her of this. I said i intended to return the two faulty items for a full refund, but keep the working one.

She said she doesn't do 'partial refunds' and will only refund me if i return all items. I've told her I'm very happy with the third one, and want to keep it. But again, she replied saying she will not refund just two items - she will only refund the full cost of the three items when she gets them back.

These items are all separate and were individual auctions, which happened to end on the same day. She merely combined postage and they arrived in the same box. So if i want to return just two, surely I'm allowed to do this? They should be treated as individual items (as they are) and not as an interelated auction?

Can someone tell me my rights here? Surely if an item isn't as described, I should be refunded my money (i'm aware I'll have to pay postage costs, and won't get refunded until she receives the parcel back). Why do I then have to return all three when I only want to return two? The items are vintage/rare so it's not as if I can just get them from another seller.

What do I do?


fergoose Wed 07-Nov-12 21:07:56

yes - just open not as described disputes for the 2 wrong items - return them tracked then ebay will refund you. then you can leave feedback

and if you are leaving 2 negs leave them 8 days apart, will have more impact than leaving them at the same time.

fergoose Wed 07-Nov-12 21:08:43

btw - they were 3 separate auctions weren't they? If not seller can ask for all items returning for a refund in that case.

Ebayaholic Wed 07-Nov-12 21:09:59

Possibly best to send both items trackable and separately

MsBrown Wed 07-Nov-12 21:16:44

Thanks for your quick reply.

Yes, they were three separate auctions. I didn't even realise they were from the same seller until the auctions ended and she sent an invoice. She did however change postage costs (i think she deducted £2) as she combined all three items into one box.

I've already left positive feedback for the working item, stating how much my dd loves it etc and how happy i am. She has consequently told me the only way she'll refund me is if i return The full parcel/all three items back to her in the box they came in.

I might be paranoid, but i think she realises how much i want to keep the third item, and is hoping this will convince me just to keep the other two as well.

Just to be clear, am i allowed to get refunded for just two items then? And keep the third one?

Because they're quite old toys, she said in her message: 'did you honestly expect them to be in full working order after 15 years??????????' (Yes, she really put that many question marks).

Yet, she described the items as being in very good condition and working.

fergoose Wed 07-Nov-12 21:18:15

yes - separate auctions, separate cases for each one can be opened. Just go to the resolution centre and take it from there.

MsBrown Wed 07-Nov-12 21:18:27

Thanks, ebayholic. She wants them in their original box though. And it'll cost me £3.25 to send each one back, and I've already paid £6 to receive them. The items cost me £20 each.

Is there any way to claim back postage costs? I'm concerned she might say I damaged the item. One of them she acknowledges is faulty, the other she states was working when she posted.

fergoose Wed 07-Nov-12 21:28:51

no you can't claim back your return postage costs, but you are entitled to all of the original pymt including your p&p

MsBrown Wed 07-Nov-12 21:31:40

Ah Fergoose. That's where i get confused. She altered the postage costs to reflect the combined postage of the three items. If i am keeping one of the items, and returning two, how would i get postage back?

I.e. i still had to pay postage for the item I'm keeping

fergoose Wed 07-Nov-12 21:37:02

I guess you will get back 2/3rds of the whole p&p?

Just get your 2 disputes opened for each of the wrong items - let ebay deal with it I reckon

MsBrown Wed 07-Nov-12 22:29:37

Thanks again.

I have just opened 2 separate dispute cases for the items. I have repeatedly asked for her address so i can post the items to her, but she won't tell me.

I guess I'll have to wait the ten days so it can go to customer service.

PiedWagtail Thu 08-Nov-12 12:59:22

If you have opened a dispute case then her address will be visible there. And be warned, last time I opened a case as a buyer, eBay made me pay return postage costs for faulty goods.

MsBrown Thu 08-Nov-12 13:10:33

Ah, thanks I'll go have a look.

She's responded on the resolution centre claiming that one of the items was in working condition when she sent it. I'm uploading photgraphs of the soiled/faulty items just now, via private mail (don't know how to do it through resolution centre, but Ebay can see all our correspondence anyway), so just waiting on what her reply will be to this.

MsBrown Thu 08-Nov-12 13:18:41

Hi, sorry to be a pest. But where will her address be in the resolution centre?

The cases i've opened are 'item not as described', not 'refund'. I've selected the option though that i want to return the items in exchange for a full refund.

fergoose Thu 08-Nov-12 13:42:46

ebay will provide you with her address once escalated

MsBrown Thu 08-Nov-12 14:00:30

Thanks fergoose.

After seeing the pictures, she's now saying the item's were vintage so i should have expected parts not to be working/soiled. Yet her auctions didn't mention any of these faults, and were listed as very good condition/complete.

She's also wrote that 'because i'm new to Ebay' i must not understand what vintage means.

This is so frustrating. She's not willing to refund and just keeps repeating the same things back to me. Ebay customer services said they won't step in til the end of next week!

Why that long when there's clearly no way of us agreeing between ourselves?

I'm really upset as these were 1) expensive and 2) supposed to be gifts for Christmas. By the time I get a refund, Christmas will be over!

fergoose Thu 08-Nov-12 15:18:30

well i would ignore and not reply - you can escalate in a few days then you can return them, give ebay the tracking info and ebay will refund you. This has nothing to do with you being new to ebay - she is just pissed because you are not prepared to be ripped off. Do not let her upset you - it really is not worth it.

Once it is over then you can leave appropriate feedback. Just let the case run its course, and don't respond or close the case.

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