Right to refund of money?

[mrs_overall]

I bought two items from an Ebay shop specifically to take on holiday. The goods never arrived. When I came back from holiday I contacted the seller who said she would send me duplicate items. I no longer need them as I've had my holiday. Can I refuse them and ask for my money back?

[dzug2]

Legally, no, you have no right to a refund.

In practice many sellers might agree if you explain the circumstances.

[chrissa1]

This is why I hate Ebay.

[hc4361]

If you bought them on Buy it Nows and not the auction format the Distance Selling Regs apply which state that you can cancel the order at any time and get a full refund; you can return them for a full refund if you notify the seller that you are doing so within 7 days of receipt AND you return the goods as soon as is practical. This only applies if the seller is a business and not an individual selling the odd item.

If you paid with PayPal you can get a chargeback from them by reporting the items as not received.

[joko]

unless you specified that you needed them by a certain date and the seller agreed, then no, you cant.

you could explain though, they may be ok

[hc4361]

Sorry, joko, but eBay require that goods are despached within 7 days of payment. If the seller can't provide a tracking number in that time scale, then the refund will be guaranteed (assuming payment by PayPal).
As I've already stated, if the seller is a business then the DSR applies and the buyer can cancel or refuse to accept the goods or send the goods back.

[mrs_overall]

Thanks for your answers. It IS a business and not a private individual and it was a Buy it Now, so I will stick to my guns and push for a refund.

[hc4361]

Refer the seller to this link, half way down - Distance Selling Regulations

http://pages.ebay.co....t/knowyourrights.html

[mrs_overall]

Ta very much for that hc

[pink-kittens]

If you bought these items that didn't arrive less than 45 days ago just file and INR in Paypal - unless the seller can prove delivery was at least attempted, you will win

[joko]

thats not the point hc. the items were dispatched. they cant control the post

[boxtops]

Mrs O, open a dispute on eBay, it's very straightforward. I do always refund sellers for things that haven't arrived, but I do make them wait until I have been through the claim process from Royal Mail and they've investigated and refunded me. I always keep the buyers informed - it just could be that the package is sitting in the sorting office - but in your case it's different as you no longer need them. The seller is offering to replace - so opening a dispute via eBay would enable eBay to help arbitrate this one for you, I have found them to be fair in their decision-making.

[ojread2]

"thats not the point hc. the items were dispatched. they cant control the post "

That is very true joko BUT the seller is responsible for getting the item to the buyer and MUST, by law refund the buyer their monies

[hc4361]

ojread is correct but the DSR still applies. The buyer has the right to refuse to accept the goods at the point of delivery OR take the delivery, notify the seller the goods will be returned, and return them as soon as is practicable.
The buyer gets a full refund.

[quincyqqq]

i bought an item on ebay
did not get it
had to phone a premium number 1.75 a min
cost 28 pounds
was i conned

[factor-fiction]

Er, does that help, quincyqqq?

[buildersmate]

It was merely provided as additional random information