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Incorrect item sent, seller liable for return post?

  • 01-11-2012 3:31pm
    #1
    yoyo
    Moderators, Technology & Internet Moderators Posts: 11,003 Mod ✭✭✭✭yoyo


    Hi folks,

    I send this question to the CAI last week and never received a response unsuprisingly :rolleyes: . I purchased an item from an Irish retailer and it was the wrong part to the one that I ordered (sellers mistake). The sellers couriers don't do RMAs so I must send it back to the seller at my own expense.
    Should the seller legally also have to pay me the registered postage costs due to sending me an incorrect item? This is not a case of change of mind, due to lack of contact from the seller I sourced the item elsewhere, which was correct so I want to receive a refund. Legally where do I stand?

    Cheers,

    Nick

    My Beer Glass collection site 🍺

    My Irish Callcards site



Comments

  • #2
    Jarren
    Closed Accounts Posts: 4,692 ✭✭✭Jarren


    Legally speaking I don't have a clue however if I was in your shoes I would expect seller to refund me .

    They made a mistake not you .


  • #3
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    The mistake was on the seller's part, not yours. Therefore I would expect them to cover the cost of returning the goods.

    This may take the form of you paying to return the goods, but later being refunded by the supplier.


  • #4
    yoyo
    Moderators, Technology & Internet Moderators Posts: 11,003 Mod ✭✭✭✭yoyo


    As I thought folks, cheers :) . I'll post it back tomorow then scan and send the receipt to the seller requesting this payment as well.

    Thanks

    Nick

    My Beer Glass collection site 🍺

    My Irish Callcards site



  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    yoyo wrote: »
    As I thought folks, cheers :) . I'll post it back tomorow then scan and send the receipt to the seller requesting this payment as well.

    Thanks

    Nick

    I wouldn't.

    E-mail them - they may have a procedure for RMAs. At the very least I'd hang on until I was sure they were refunding me.


  • #6
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    Procrastastudy wrote: »
    I wouldn't.

    E-mail them - they may have a procedure for RMAs. At the very least I'd hang on until I was sure they were refunding me.

    Agreed - I'd get agreement from them first that they will cover the postage, ro arrange for its return.


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  • #7
    MadsL
    Registered Users Posts: 20,299 ✭✭✭✭MadsL


    I'd be even more stubborn.

    Send me my goods and come and get the ones you sent me.


  • #8
    Del2005
    Registered Users Posts: 18,855 ✭✭✭✭Del2005


    yoyo wrote: »
    Hi folks,

    I send this question to the CAI last week and never received a response unsuprisingly :rolleyes: . I purchased an item from an Irish retailer and it was the wrong part to the one that I ordered (sellers mistake). The sellers couriers don't do RMAs so I must send it back to the seller at my own expense.
    Should the seller legally also have to pay me the registered postage costs due to sending me an incorrect item? This is not a case of change of mind, due to lack of contact from the seller I sourced the item elsewhere, which was correct so I want to receive a refund. Legally where do I stand?

    Cheers,

    Nick

    Are you sure that the method you used to contact them is working? Seems strange that 2 different organisations aren't responding. Did you try calling the seller to arrange for collection/replacement?

    Also why would a courier company do RMAs?:confused: The seller would have to arrange for them to collect it, you signed for it so they have done their job. The only way they could have returned it was if you rejected it at the door, but who opens the package at the door.


  • #9
    Kailee Ugly Racketeering
    Closed Accounts Posts: 1,806 ✭✭✭ Kailee Ugly Racketeering


    MadsL wrote: »
    I'd be even more stubborn.

    Send me my goods and come and get the ones you sent me.

    This!

    One step more - if you paid by credit card you are in a position to call the credit card company and ask them to reverse the charge. Tell them that the goods you ordered were not delivered and that you are happy to return the mistaken goods *at the sellers cost*.

    Of course I would not do that until you've communicated with the seller.

    You have all the cards here.


  • #10
    yoyo
    Moderators, Technology & Internet Moderators Posts: 11,003 Mod ✭✭✭✭yoyo


    Paid for it via paypal, yep contacted the company that sell laptop batteries I will not name I was informed they don't do RMAs and to send it back. I posted it back today (cost €7) so when I get the battery refund I will then push for the postage cost refund, if not I will take it further. It's certainly a company I wont be dealing with again! As the battery was not for me I ordered from another place (due to lack of contact from the company) so I am looking for a refund now, not a replacement! :) Their loss!
    I wouldn't.

    E-mail them - they may have a procedure for RMAs. At the very least I'd hang on until I was sure they were refunding me.
    Thats the thing, they don't according to their email! I actually couldn't believe they didn't take RMAs, they used Nightline after all...

    Nick

    My Beer Glass collection site 🍺

    My Irish Callcards site



  • #11
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    I don't think you are entitled to a refund on the item.
    I know you say there was lack of communication but how long a period of time was this over. I think that would be a factor in whether or not you were entitled to a refund or replacment. It was you who decided you don't want the item.

    Now don't get me wrong its terrible service and if I was in your shoes I'd want a refund but as I say not sure that you would be entitled. Someone else may be better able to shed light on it if you can say how long since ordered.


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  • #12
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭UDP


    OP, did you purchase via ebay? If yes then according to their policy you must pay the cost of shipping the item back. I'm not sure if Paypal have the same policy though.


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