Can I demand or refund or do I have to accept replacements?

[Hopefully]

Any help much appreciated!

I recently ordered a load of glass jars from a company on ebay, and they have arrived, almost all completely scratched, and lots (about half) are broken, due to being packaged astoundingly badly. Seriously, 2 plastic bags is apparently suitable wrapping...

Anyway, the company are insisting I photograph every broken scratched jar and they will issue replacements. i'm thinking that by the time I've photographed 70 jars I'll be out of pocket anyway (can only do it while DS at childcare, so am not earning for the 45 mins or so it will take - self employed).

Can I insist that they give me a refund, not send replacements, as I'm so pissed off with them that I don't want their bloody jars?

Your right is to your money back. The goods are "not fit for purpose" (they're scratched and broken) and you may reject them on those grounds. Of course you don't have to waste your time photographing them, what utter shite.

I should think they ought to pay your return postage, or collect the parcel too, but I'm not sure on that.

I would check out ebay's policy on returns/refunds, i think if the seller states in their advertisedment that the goods are non-refundable then they dont have to refund you, also if they state that the P&P of the returns are not covered, then you will have to foot the bill for returning them

Read the sellers advert again and email Ebay for advice

How can a statement on ebay
take precedence over the law? This isn't a private individual selling second-hand gear, (in which case, cavet emptor) it's a company distance-selling.

This site is brilliant for consumer advice and template letters etc.

Old Lady is correct, your best rights here are under the Distance Selling Act. Essentially you have 7 days "cooling" off for goods bought remotely when you can return for any reason and get a no-quibble (!) refund. I think you technically need to cancel in writing - always best to fax/email anyway so you have a record.

Good luck

calm down oldlady, i didnt say it takes precident over the law, but maybe ebay will be able to advise her

I'm perfectly calm, VinegarTits, but it's usually better to go with what you're legally entitled to; and in this case, the company is pissing the OP about, so should get the full wrath of The Law!

fair enough, i was just pointing out other avenues she could check first, sellers avert might say refunds accepted, therefore he doesnt stand a chance and she can report him ebay

VT - Even if a seller states no refunds it means nothing, if returned via trackable means paypal will find in the buyers favour if a dispute needs to be raised.