ashyk36 Posted April 2, 2012 Share Posted April 2, 2012 I bought a set of headlights of a forum member on here on February 10th, I repeatedly asked the user if the headlights were in excellent condition in which he said they were. I only wanted excellent condition headlights as my current ones were a mess already. Postage came to approximately £35 so we decided to split the postage half as it was a little pricey. When I received them they were a complete mess, one headlight was not too bad but it wasn't in the excellent condition that I asked for, the other headlight was pretty bad. On asking the seller for a refund he politely accepted. It has took him 5 weeks to give me a refund, don't get me wrong I am still happy I have got the refund in the end. Now it had come to posting them back, however as the seller specified they were in excellent condition when they clearly weren't and has made me wait for my refund for 5 weeks I do not feel I should spend £35 of my own money posting them back, adding to the fact to get them here I agreed to pay half the postage costs as it was a little expensive. Am I right? Link to comment Share on other sites More sharing options...
Zugara Posted April 2, 2012 Share Posted April 2, 2012 Hmmm, best kept to PM IMO mate Link to comment Share on other sites More sharing options...
evest Posted April 2, 2012 Share Posted April 2, 2012 Well I guess in principal yes - but I don't think you're really covered by any statutory rights/distance selling regsulations with a private trade like this - I could be wrong though. Did he agree to pay the return postage as part of the refund? Look at it this way - he has refunded you so probably a decent enough guy; you still have his goods so I guess you're holding all the cards really. He did you a favour by paying half the postage in the first place, so perhaps meet half-way again? Link to comment Share on other sites More sharing options...
glrnet Posted April 2, 2012 Share Posted April 2, 2012 I disagree. By refunding the seller has admitted that they were not of the quality he said they were, the buyer is already out £17.50, the seller should pay for all returns postage AND reimburse the original £17.50 IMO. Well I guess in principal yes - but I don't think you're really covered by any statutory rights/distance selling regsulations with a private trade like this - I could be wrong though. Did he agree to pay the return postage as part of the refund? Look at it this way - he has refunded you so probably a decent enough guy; you still have his goods so I guess you're holding all the cards really. He did you a favour by paying half the postage in the first place, so perhaps meet half-way again? Link to comment Share on other sites More sharing options...
racinggreen Posted April 2, 2012 Share Posted April 2, 2012 I disagree. By refunding the seller has admitted that they were not of the quality he said they were, the buyer is already out £17.50, the seller should pay for all returns postage AND reimburse the original £17.50 IMO. Well I guess in principal yes - but I don't think you're really covered by any statutory rights/distance selling regsulations with a private trade like this - I could be wrong though. Did he agree to pay the return postage as part of the refund? Look at it this way - he has refunded you so probably a decent enough guy; you still have his goods so I guess you're holding all the cards really. He did you a favour by paying half the postage in the first place, so perhaps meet half-way again? +1 Link to comment Share on other sites More sharing options...
evest Posted April 2, 2012 Share Posted April 2, 2012 That's a fair point (maybe I'm too forgiving!) - anyway I guess he won't have much choice if he wants his merchandise back! Link to comment Share on other sites More sharing options...
marzman Posted April 2, 2012 Share Posted April 2, 2012 See im of the opposite opinion... the seller is already out £17.50 by posting the item to you in the first place, and now you're asking him to take another £35 hit taking him to over £50 out of pocket Obviously we dont know about the pre-sale discussions, or how clearly you expressed that you wanted as-new headlights but this may have been mis-interpretted by the seller. I think he's done the right thing by refunding you the money - but he shouldnt be liable for the return postage costs. The question id be asking is why the hell is postage costing you £35?!?!? Should be £15 at most, including insurance. Link to comment Share on other sites More sharing options...
glrnet Posted April 2, 2012 Share Posted April 2, 2012 Now that could be another box of frogs See im of the opposite opinion... the seller is already out £17.50 by posting the item to you in the first place, and now you're asking him to take another £35 hit taking him to over £50 out of pocket Obviously we dont know about the pre-sale discussions, or how clearly you expressed that you wanted as-new headlights but this may have been mis-interpretted by the seller. I think he's done the right thing by refunding you the money - but he shouldnt be liable for the return postage costs. The question id be asking is why the hell is postage costing you £35?!?!? Should be £15 at most, including insurance. Link to comment Share on other sites More sharing options...
evest Posted April 2, 2012 Share Posted April 2, 2012 This is what happens on ebay, just for comparison: If you have received the item, but it doesn't match the seller's description, the seller may: Offer you a partial refund Ask that you return the item for a full refund Ask that you return the item in exchange for a replacement item, if you agree If you're offered a partial refund, you can accept it, request a different amount, or suggest another solution, like returning the item for a full refund. You can also ask eBay Customer Support to review the case. Keep in mind that eBay's decision on a case is final. We'll ask you to confirm that you've received the refund or sent the item back. To show that you've sent an item back to the seller, you'll need to post the item with tracking information and then enter the tracking number in the Resolution Centre. More about refunds If you're given a refund, you'll usually receive it through same payment method that you used to pay for the item. If you bought an item with a payment method other than PayPal, we'll ask you to confirm receipt of the refund. A full refund is one that covers the cost of the item and original postage. If you've received an item and want a full refund, you'll usually need to send the item back to the seller. Buyers are responsible for paying return postage unless the buyer and seller have reached a different agreement. I think in this case you have already agreed to and accepted the refund offered by the seller. I think my original position of meeting half-way would probably be a happy compromise regarding the return postage. Hope it works out. Link to comment Share on other sites More sharing options...
Neilp Posted April 2, 2012 Share Posted April 2, 2012 I can post a set of fully insured wheels for that. Look at paisleyfreight Cant help on whos to blame as I had a similar discussion with a member. His item arrived broken. I offered a full refund on myself receiving it back. The problem was that he signed for it without opening it so insurance was nil and void. I waited on it returning it but it never came. Link to comment Share on other sites More sharing options...
Tarmac@TarmacSportz Posted April 2, 2012 Share Posted April 2, 2012 £35 lol If you have a DHL nearbye then as a favour to settle the argument then I will sort delivery out insured for £7.50 Link to comment Share on other sites More sharing options...
Neilp Posted April 2, 2012 Share Posted April 2, 2012 £35 lol If you have a DHL nearbye then as a favour to settle the argument then I will sort delivery out insured for £7.50 Cracking offer Tarmac What a peacemaker Link to comment Share on other sites More sharing options...
sparky370z Posted April 2, 2012 Share Posted April 2, 2012 Its a shame that the lights were not as described. A forum member too. If the lights were not in a good way but sold as near perfect then the seller should not only refund but also give the buyer back the postage. If i were to buy something that wasnt up to the description i would be pretty annoyed if i was out of pocket by the end on the process. I would not sell something to someone knowing that it was not in a condition that i had described. However, i do not know the full conversation and as that this is just MHO. Link to comment Share on other sites More sharing options...
SwanageDave Posted April 2, 2012 Share Posted April 2, 2012 Its a shame that the lights were not as described. A forum member too. If the lights were not in a good way but sold as near perfect then the seller should not only refund but also give the buyer back the postage. If i were to buy something that wasnt up to the description i would be pretty annoyed if i was out of pocket by the end on the process. I would not sell something to someone knowing that it was not in a condition that i had described. However, i do not know the full conversation and as that this is just MHO. I Agree, Link to comment Share on other sites More sharing options...
Neilp Posted April 2, 2012 Share Posted April 2, 2012 Its a shame that the lights were not as described. A forum member too. If the lights were not in a good way but sold as near perfect then the seller should not only refund but also give the buyer back the postage. If i were to buy something that wasnt up to the description i would be pretty annoyed if i was out of pocket by the end on the process. I would not sell something to someone knowing that it was not in a condition that i had described. However, i do not know the full conversation and as that this is just MHO. I Agree, I agree also if the items are not sold with correct description. Were pictures posted up on a for sale thread? This is why we always ask for photos with names so we can see the item quality and that they are as described. Link to comment Share on other sites More sharing options...
rodgeevans Posted May 3, 2012 Share Posted May 3, 2012 I had an issue different to yours where i bought something off a member on here it was already described as broken which i was fine with i had seen the pictures and it was an easy repair and still in one peice just a crack, when the item arrived it was late and delivered to my neighbours house as soon as i picked the package up i knew it wasn't correct as there was no way a strut cover should be in 4 peices, i messaged the seller and he contacted the delivery company who basically told him to f-off as it had been signed for, how my elderly neighbour was meant to know what it was and how many peices it should be in is beyond me. Now i do not for one minute blame the seller or have any grievancies with him my problem is, i think the delivery driver knew they had broken it, so delibrately delivered to my next door as i would never of signed for it, i have pictures of it before being posted and me opening it and its disgaceful. In the end i took the hit it was the risk i took buying something with out any buyer protection so i was left out of pocket with a useless strut cover. I dont really think you have much ground to stand on personally, but its hard knowing with out seeing what was said before the transaction and what photos were provided if any, i also dont think you should be paying 35 quid for delivery though and wondering if the use gold labels or something lol. Sometimes things dont work out and we lose out, i haven't let it put me off buying something from the forum however i wouldn't use hermes anymore. Link to comment Share on other sites More sharing options...
Sarnie Posted May 3, 2012 Share Posted May 3, 2012 My opinion is this; The seller did you a favour by halving the initial postage, as this is what you should have paid. Whether it's expensive or not, I've never known a seller to go halves on the postage. Unless, it did only cost £15 or so and he got another £17.50 out of you If the lights were not as described, you were right to ask for a refund and he did the right thing by giving you a refund even if it took 5 weeks. The return postage is your cost unfortunately. If you buy something on ebay and raise a dispute with paypal, you can only claim the cost of the item and the original postage, not return postage. To be honest, he has done you a massive favour by refunding you before you have returned the lights, not many people would do that.... Link to comment Share on other sites More sharing options...
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