Tuesday, July 27, 2010

Returns and refunds

Hi all


Anothersharing of knowledge on UK law if that's ok.


I came across an item today where the seller had, rather rudely, added that:


"Returns accepted when paid through PayPal only if not as described [sic]. Items that are sold as seen or job lots are excluded. Full refund will be given when goods returned. Postage excluded. Please return recorded for your own safety."


And so on. Aside from a career in writing small-print for loan sharks, I think the customer service is way off here. But that's not why I'm writing. I'm actually going to comment on the illegality of this disclaimer.


This is my second review and again, I'm sorry, but this is for UK law only.


There are four main reasons why an item from e-Bay might be returned: 1) faulty/damaged/broken, 2) not as described, 3) buyer change of mind (due to error, finance, change of heart etc) and 4)mis-delivery by the post office.


1. If an item is delivered faulty/damaged/broken, and was not sold as such, the seller is legally bound to refund. They may well claim their loss from the Royal Mail after, but they CAN NOT pass on the cost to the buyer. (Of course, this doesn't apply if the buyer is clumsy and broke it themselves!)


Items can be sold as faulty, as long as their sale doesn't transcend obvious other laws such as Health

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