Postage refund from Marketplace Seller?

  BOZG 19:26 16 Sep 2010
Locked

Hi all,

Before I start, I should probably point out that I'm based in Ireland but buying from a UK seller.

Basically, I was sent the wrong item and issued with a refund for the cost of the item and the seller has agreed to refund cost of return postage.

What I'm wondering is if I'm entitled to a refund on the cost of the original postage as it was the seller's error or do I basically have to bear the cost of their mistake?

Stephen

  Forum Editor 21:08 16 Sep 2010

"do I basically have to bear the cost of their mistake?"

No, you don't - there's no reason why you should be out of pocket because of someone else's mistake.

  BOZG 21:37 16 Sep 2010

Thanks a lot. That's what I thought but I can't find any references to it online. Everyone seems to be talking about return postage costs.

  Dragon_Heart 23:31 16 Sep 2010

That's for faulty goods, the replacement in that case should be sent FOC !

  morddwyd 07:40 17 Sep 2010

"there's no reason why you should be out of pocket because of someone else's mistake."

Under UK law, yes, but this is a cross border transaction, so Irish and EU consumer law will also have a bearing.

There is no reason to suppose that getting a full cross border refund from a UK supplier is any easier than getting one from France or Germany.

You need to talk to your own local consumer advice people.

  BOZG 18:19 17 Sep 2010

morddwyd,

I did think EU law might play a part but I can't see Irish law having any impact here. I'll try and see if I can find anything on EU law about it.

In the meantime, Amazon Customer Services have recommended filing a complaint if necessary.

On 4 occasions, the seller has ignored my question about whether I'd be receiving a refund on the original postage and instead keeps focusing on me providing proof of costs for the return postage. This is despite the fact that I left the receipt in the parcel which was sent by Registered post. I've emailed a scan of it but if they ask for me to post the original, I think I'll explode!

Stephen

  morddwyd 18:27 17 Sep 2010

Sorry, I meant that Irish law is likely to have more relevance than UK law.

The answers seemed to be based on your rights under UK law, which, no matter how closely our legislation is aligned, would have no bearing in Ireland, or any other EU country.

  BOZG 18:37 17 Sep 2010

morddwyd,

I understand that but as the seller is a UK seller, UK legislation would surely apply to their business?

Stephen

  Forum Editor 22:48 17 Sep 2010

then UK laws apply. It doesn't matter which country you live in, what counts is the country where the business is based.

  morddwyd 07:13 18 Sep 2010

Of course it does, but pursuing a cross border claim is a lot more difficult than a straight consumer claim under internal law.

For a start, if it goes to a real dispute, BOZG will need to find, at long range, a UK lawyer.

Far better to seek advice from his own local equivalent of Trading Standards, they will know what EU and reciprocal arrangements apply.

  Forum Editor 08:16 18 Sep 2010

You say "Of course it does", but my comment was in response to your statement that:

"The answers seemed to be based on your rights under UK law, which, no matter how closely our legislation is aligned, would have no bearing in Ireland, or any other EU country."

Which was incorrect. UK law applies to all transactions with companies based here, regardless of whether you live in Ireland or Outer Mongolia.

You don't need a lawyer in order to ensure that a supplier conforms with consumer protection legislation, you just need to know what you're entitled to, and where to go to get help and advice.

This thread is now locked and can not be replied to.

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