ebay Businesses ripping us off with Paypals help

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if you purchase something on ebay, from a business, they are obliged to adhere to the distance selling regulations no matter what their made up T & C say on the site. if you recieve your goods and they are faulty, or not as described, the seller is LEGALLY OBLIGED to replace them at no extra cost to yourself. that means your are not to pay for return p+p, that is their responsibility, you are definately not to pay for the replacements postage either. Sales of Goods, Uk Consumer law and DSR all stipulate that the SELLER ought to pay for the return p+p or arrange collection, with NO EXCEPTIONS.

Beware though, Paypal dont care. their infrastructure is not set up for that, they cannot accomodate for that type of refund.

i bought a pair of Jeans described as new from a business here on eBay, i'd already bought a pair that were fine and these were a second pair.When i opened the packet, they were used. the knees were filthy, the pocket had a hole in them, the zip was broken, and the button had a strand of sharp metal protuding from it.

i immediately emailed the seller, BIG_DAWG_EMPORIUM, described the faults, and asked for a replacement pair to be sent with a self addressed pre paid package so i could send the faulty pair back. i even suggested that they inspect the faulty pair first, by posting me the packet to return them in. That is what the Sales of Goods act allows me to legally request. It could all have been sorted there and then and i'd have been a happy customer however...They told me to post them back at my expense, and wait for this... told me to then pay another £6-50 for the replacements postage.!!! total £13 extra to get a pair of jeans replaced which were their responsibilty!

i then refered to Paypal. Eventually they told me to return the jeans for a full refund. i telephoned paypal and spoke to a condesending and if it be told, stupid Irish girl who had no concept at all of UK consumer law, and I advised her that i was due the refund of return postage as UK law stipulates, but she on behalf of paypal and hiding behind the anonymity of the call centre, advised that because i agreed to their T&C upon signing up, that was the way THEY do it. I explained that it was against the law and she didnt care. 

I have relented on that, for now, and returned the faulty jeans so i may get the majority of the refund and have told BIG_DAWG_EMPORIUM in the accompanying letter that i expect the additional postage back within so many days otherwise i will persue it in the County Court.

as it is a matter of principal i have already spoken to Wigan Trading Standards, who are appalled at Paypal as they are actually HELPING the seller to circumvent the law perhaps by ignorance.

i am due to issue proceedings, as it is a matter of principal now, and i am liasoning with my solicitor with regards action against Paypal as it is blatantly clear as a foreign company they have no understanding of UK law.

The money is nothing, its back of the sofa change, but i will not allow this to go unchallenged.

So overall folks, Go to your local County Court and stock up on summons packs, instead of relying on paypal to sort faulty goods out, simply take action direct as at least our courts understand our laws.

otherwise they'd cost me extra postage with nothing to show for it.

Chris 

Anotheer thing, ebay require all businesses to show names,and addresses and contact details, you try finding them on 'businesses' sites. when you do find one that has no details, report it straight away, you are helping to protect yourself and others in the long run..

 

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