Returning eBay item question?

I bought an old xbox game on eBay and got it today. Unfortunately though the box and manual are in Italian. Now I knew it was coming from Italy but for once didn't check the item description and it does say there the box and manual aren't English.

He's a top rated seller and has a return policy. The game is unopened and still sealed. I contacted him about returning it today. The game cost £9.99 sterling and postage was free. However he says he will only refund the amount minus what it cost him to post which he says is £7.50.

Is this right? I've returned eBay stuff before and always been refunded the full amount I paid. Moreover postage was "FREE" on the auction. Thanks for any help!

Nody

Since he does not need to take it back in the first place the answer is yes, it is right. Also if I don't remember incorrectly it is mandatory to offer free shipping on a lot of items with Ebay these days in Europe (could be a UK things only though been a while since I used it).

rubadub

Well in fairness there is no such thing as free postage. if you bought it on ebay.co.uk I think they have to have "free" postage on cds & dvds and possibly games. The lad has done nothing wrong so should not be left out of pocket. But technically you might well be eligible I am not sure, I expect sometimes ebays own rules can override sellers own policies -but in this case nothing was wrong with the game

Does the gameplay have a different language too? can you check online, I know DS games load up the first time and you can select the language you want. If only the manual was in italian I would hang onto it myself. Seeing as he was selling in sterling I presume it was ebay.co.uk and I would presume the game might have english as a selectable language.

rubadub

rubadub wrote: »

Well in fairness there is no such thing as free postage. if you bought it on ebay.co.uk I think they have to have "free" postage on cds & dvds and possibly games. The lad has done nothing wrong so should not be left out of pocket. But technically you might well be eligible I am not sure, I expect sometimes ebays own rules can override sellers own policies -but in this case nothing was wrong with the game

Does the gameplay have a different language too? can you check online, I know DS games load up the first time and you can select the language you want. If only the manual was in italian I would hang onto it myself. Seeing as he was selling in sterling I presume it was ebay.co.uk and I would presume the game might have english as a selectable language.

Yes the game itself is in English. It's just I wanted a brand new copy for my collection. I mean with the manual and box in English I could have just downloaded the game from somewhere. I checked the DSR and it says the buyer has to be refunded the full whack. I replied to him with this so will see what he comes back with!

rubadub

Deleted User wrote: »

I checked the DSR and it says the buyer has to be refunded the full whack.

But there is nothing wrong with the game, so I would not be sure you are entitled.
http://www.nca.ie/eng/Business_Zone/Guides/Full%20List/Remote%20Selling.html

The customer does not have to bear the cost of returning the goods to you if these are:

Faulty
Not of satisfactory quality
Different to the ones ordered (do not match their description) or
Substitute goods

Also

Goods and services excluded
The distance selling regulations do not apply to:

Auctions
Financial services, like banking or insurance (but financial services are covered by the e-commerce regulations when you shop online)
Goods bought from a vending machine
Goods or services bought using a public payphone
Contracts for the construction and sale of land/buildings

Dunno if ebay buyitnows are considered auctions, or if you did a buyitnow.

I am not sure about this cooling off thing

Cooling-Off Period
You must provide customers with a "cooling off" period which is a minimum of 7 working days. However, this period can be extended to three months if you do not provide the customer with all the relevant information about the contract within 30 days of their order.

Consumers have the right to cancel their order with you during this period, without penalty and without having to give you a reason. The cooling off period starts on the day your goods are delivered to their home, or on the day when the customer makes the contract for a service.

Clearly, then, the best policy is to provide all the information that you are required to give under the EU regulations as quickly as possible.

I bought online from a shop up north with "free postage" and had to pay a restocking fee -which I thought was perfectly fair. Nothing was wrong with the goods, they were cycling shoes that did not fit.

jor el

He also won't refund you the cost of returning the game, so you'll probably be out of pocket if you do return it. Best off keeping it.

I'm not sure how eBay/Paypal would deal with this situation either. Since the postage was listed as 0, they might well refund the full item cost if you were to start a dispute.

Naos

Nody wrote: »

Since he does not need to take it back in the first place the answer is yes, it is right. Also if I don't remember incorrectly it is mandatory to offer free shipping on a lot of items with Ebay these days in Europe (could be a UK things only though been a while since I used it).

Correct, it's mandatory to offer free postage in the media catergories.

jor el wrote: »

He also won't refund you the cost of returning the game, so you'll probably be out of pocket if you do return it. Best off keeping it.

I'm not sure how eBay/Paypal would deal with this situation either. Since the postage was listed as 0, they might well refund the full item cost if you were to start a dispute.

The seller sounds like he's playing ball and you can understand where he is coming from. To give you the offer of £7.50 is fair enough considering you didn't read the listing, but hey it happens!

A Dub in Glasgo

The seller here is being very fair, it is the buyer who is being unfair in expecting everything back for a mistake they made.

A Dub in Glasgo

jor el wrote: »

He also won't refund you the cost of returning the game, so you'll probably be out of pocket if you do return it. Best off keeping it.

I'm not sure how eBay/Paypal would deal with this situation either. Since the postage was listed as 0, they might well refund the full item cost if you were to start a dispute.

I am not sure what dispute the buyer could start?

Did not receive? - nope they got it
Not as described? - nope the buyer got exactly as described