Frenchieboy Posted July 27, 2013 Report Share Posted July 27, 2013 I bought a new digital Fox Caller this week from a seller on "The Bay" and it arrived yesterday. I am not at all happy with it and it does not appear to be working properly anyway - OK it was only a cheap one but that is not the point, you still expect it to work as described.. I contacted the seller this morning advising them of the situation and the fact that the unit was defective. They have replied saying that I should send it back to the manufacturers in China. I have told them that as I bought it from them it is their responsibility and I want their return address so that I can send it back to them and get a refund from them. I have also advised them that if they fail to provide me with their return address by Monday Morning I will start a dispute with E-Bay and with Paypal as they are selling defective goods which do not function as described. After all is said and done why the hell should I pay to send it back to China when I bought it from a seller in England? Any thoughts guys? Quote Link to comment Share on other sites More sharing options...
welsh1 Posted July 27, 2013 Report Share Posted July 27, 2013 I would think that your dispute is with the seller and paypal would open the dispute between you and the seller.It is up to him to argue with his supplier that the goods were defective not you. Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted July 27, 2013 Report Share Posted July 27, 2013 I would open a dispute straight away, i have found it normal makes people move a bit quicker and be more helpfull. I would also ask for them to refund the postage of the item to send it back, you never know your luck. Quote Link to comment Share on other sites More sharing options...
Sha Bu Le Posted July 27, 2013 Report Share Posted July 27, 2013 Totally agree with above Frenchie, dispute is with seller which I am pretty sure is covered by the sale of goods act. I would start dispute processes with EB & PP Mungler will be along shortly and may know the precise act. ATB Bri Quote Link to comment Share on other sites More sharing options...
JustJon Posted July 27, 2013 Report Share Posted July 27, 2013 Same as appliances online - new fridge was useless and instead of accepting a return they made me call manufacturer. Just needed a working fridge do did it but very poor and in my understanding illegal. Quote Link to comment Share on other sites More sharing options...
mark@mbb Posted July 27, 2013 Report Share Posted July 27, 2013 How much was the caller at your time in life Pete you Know the score buy cheap buy twice you should have bought A tried and tested one or asked what other members We're using Quote Link to comment Share on other sites More sharing options...
Vince Green Posted July 27, 2013 Report Share Posted July 27, 2013 (edited) The thing is the seller is probably using a dropshipper but that's not your problem, its his. He is almost certainly a "virtual seller" just taking the order and passing it on. He's probably never clapped eyes on one of these fox calls in his life. Start a dispute right away. The sale of goods act is hardly worth the paper its written on these days in reality. Trading Standards are not interested in individual cases, they just compile data and make the occasional high profile hit for a bit of publicity. Every phone, laptop, notebook, domestic appliance etc is supposed to have a full set of spares available for seven years after the last one is sold. Do you believe that happens? We bought a cement mixer a couple of years back off the internet because the price looked good. The electric motor was faulty, it always ran hot and burned out after no time. When we got back to the people we bought it off there was total disinterest, they had no spares and couldn't care less, again they were just middlemen. Eventually got some sense out of the company in Italy who's name was in the handbook. The internet is full of these sort of sellers these days. Spare bedroom tycoons. Edited July 27, 2013 by Vince Green Quote Link to comment Share on other sites More sharing options...
Gunnerbob Posted July 27, 2013 Report Share Posted July 27, 2013 Your contract is with the seller and not the supplier...he must refund or replace...initiate a dispute with eBay as the item is defective and thereby not of merchantable quality, good luck. Quote Link to comment Share on other sites More sharing options...
BRNDL Posted July 27, 2013 Report Share Posted July 27, 2013 PayPal and eBay tend to favour the buyer when disputes occur (if the decision of fault is not clear cut). Quote Link to comment Share on other sites More sharing options...
Archie-fox Posted July 27, 2013 Report Share Posted July 27, 2013 How much was the caller at your time in life Pete you Know the score buy cheap buy twice you should have bought A tried and tested one or asked what other members We're using Exactly... Quote Link to comment Share on other sites More sharing options...
Bazooka Joe Posted July 27, 2013 Report Share Posted July 27, 2013 http://pages.ebay.co.uk/buyer-protection/ Quote Link to comment Share on other sites More sharing options...
Vince Green Posted July 27, 2013 Report Share Posted July 27, 2013 PayPal and eBay tend to favour the buyer when disputes occur (if the decision of fault is not clear cut). Yes that's right, they always do Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted July 27, 2013 Author Report Share Posted July 27, 2013 A quick update: Three times I have asked the seller to give me their return postal address (They are surposed to be based in London) and three times they have failed to give me the details so that I can return it to them - All they are offering is a name and address in China to send it to! I have just contacted the "Bay" resolution centre and opened a dispute, giving them a full explanation. They have opened a dispute for me and are going to contact the seller and take it from there on my behalf, and, if need be, escalate the matter so that I can return the item and get a refund for the full purchase price plus whatever it costs me to post it back to the seller. Footnote: mark@mbb and archie1234 - Yes, I do know to old saying "Buy cheap and buy twice" and in this case it is proving very true and you are quite correct in what you have said - the caller only cost £38.00 but that is no reason for it not to be working as described. However I will bear that in mind in the future, maybe a "U-Caller" (Or similar) will be a better investment! Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted July 27, 2013 Report Share Posted July 27, 2013 Yes that's right, they always do I've had to open many a dispute with 'traders' on Ebay, and have always had a refund. I once bought a 'canon' lens from someone in America, but when received, it did'nt fit my camera. Opened a dispute after the seller ignored my emails, and I got a full refund including the postage costs of buying it and sending it back. Quote Link to comment Share on other sites More sharing options...
WelshLamb Posted July 27, 2013 Report Share Posted July 27, 2013 Bought a satnav (2nd hand) off a bloke on here. It doesn't work. He told me to send it back to tomtom. There's plenty of idiots about! Quote Link to comment Share on other sites More sharing options...
FarmerSim Posted July 27, 2013 Report Share Posted July 27, 2013 I would open a dispute straight away, i have found it normal makes people move a bit quicker and be more helpfull. I would also ask for them to refund the postage of the item to send it back, you never know your luck. This is what I have done in the past, the recent past actually. Ebay, bless em, paid the return postage with out question, and refunded me as soon as the seller signed for the item. Good 'ole ebay !! Quote Link to comment Share on other sites More sharing options...
OddJob Posted July 27, 2013 Report Share Posted July 27, 2013 Your have a right to a 14 day return period under the distance selling regulations anyway. Quote Link to comment Share on other sites More sharing options...
Pinkella Posted July 27, 2013 Report Share Posted July 27, 2013 Check the sellers return policy, when you open the dispute the seller will not doubt ask you to return it to them at your cost. I always offer to pay the return charges for my customers, I think it gives them more confidence. Good luck Quote Link to comment Share on other sites More sharing options...
Vince Green Posted July 27, 2013 Report Share Posted July 27, 2013 The trouble with ebay is that you never really know who you are dealing with. Many are good respectable people but a few are Del Boys out to make a fast buck. Others are just out of their depth, OK when its going alright but not really all that good when things go wrong. There are several books along the lines of "How to get Mega Rich by selling on Ebay" and people actually are stupid enough to try to do it. Usually the only person getting rich is the bloke who wrote the book but there are a lot of disgruntled customers along the way Quote Link to comment Share on other sites More sharing options...
HDAV Posted July 27, 2013 Report Share Posted July 27, 2013 Bought a satnav (2nd hand) off a bloke on here. It doesn't work. He told me to send it back to tomtom. There's plenty of idiots about! Erm secondhand goods bought from private individuals are not subject to SoG act............ I had a big retailer do the smae to they assured me it met the terms of the ACT returning it to the manufacturer. Fact is lots of people sell stuff who have no idea of the law or consumer rights, but why do you think stuff is "so cheap" on ebay? No Tax, no responsibilities, no back up. Quote Link to comment Share on other sites More sharing options...
mikky Posted July 27, 2013 Report Share Posted July 27, 2013 hiya pete...sorry to hear you have been stitched up....... mikky Quote Link to comment Share on other sites More sharing options...
keg Posted July 27, 2013 Report Share Posted July 27, 2013 The thing is the seller is probably using a dropshipper but that's not your problem, its his. He is almost certainly a "virtual seller" just taking the order and passing it on. He's probably never clapped eyes on one of these fox calls in his life. Start a dispute right away. The sale of goods act is hardly worth the paper its written on these days in reality. Trading Standards are not interested in individual cases, they just compile data and make the occasional high profile hit for a bit of publicity. Every phone, laptop, notebook, domestic appliance etc is supposed to have a full set of spares available for seven years after the last one is sold. Do you believe that happens? We bought a cement mixer a couple of years back off the internet because the price looked good. The electric motor was faulty, it always ran hot and burned out after no time. When we got back to the people we bought it off there was total disinterest, they had no spares and couldn't care less, again they were just middlemen. Eventually got some sense out of the company in Italy who's name was in the handbook. The internet is full of these sort of sellers these days. Spare bedroom tycoons. My thoughts exactly. They make 5 or 10 points and get it despatched elsewhere. Your contract is with him not the manufacturer in China. If he has bought FOB then the manufacturer will have given him a number of units foc to cover warranty and returns. Quote Link to comment Share on other sites More sharing options...
Lurch Posted July 27, 2013 Report Share Posted July 27, 2013 Check the sellers return policy, when you open the dispute the seller will not doubt ask you to return it to them at your cost. I always offer to pay the return charges for my customers, I think it gives them more confidence. Good luck The seller return policy is just that. Their policy. It doesn't trump the buyers statutory rights under law. Quote Link to comment Share on other sites More sharing options...
Frenchieboy Posted July 28, 2013 Author Report Share Posted July 28, 2013 Itseems like the resolution centre have got through to the seller and he he agreed to send me his return address tomorrow. When he does I will return the caller and stress that I want a full refund, not a replacement! Quote Link to comment Share on other sites More sharing options...
Blunderbust Posted July 28, 2013 Report Share Posted July 28, 2013 Well done FB Quote Link to comment Share on other sites More sharing options...
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