From: Chris Lapthorn on 17 Apr 2010 15:30
Rob Morley wrote:
> On Sat, 17 Apr 2010 09:46:59 +0100
> Conor <conor(a)gmx.co.uk> wrote:
>> On 17/04/2010 00:36, Rob Morley wrote:
>>> Except that in the case of the OP we're talking about goods not as
>>> described, so he's rejecting the goods under SOGA. All he has to do
>>> is make them available for collection by the buyer or his agent,
>>> business sellers will usually send a courier or supply pre-paid
>>> packaging. If he does the seller a favour by returning the goods on
>>> spec then the least he should expect is reimbursement for the
>>> actual cost of postage.
>> ..although there is no legal requirement to do so and TBH, if I'd
>> sent something out that was perfectly OK and they just decided they
>> didn't want it, they can go screw themselves for the return postage
>> as that's likely to be 50% of the profit if they use any service the
>> post office supplies.
> At the risk of repeating myself - the seller is in breach of contract
> because the goods are not as described. He must refund the buyer in
> full. The buyer is under no obligation to return the rejected goods,
> only to take reasonable care of them and make them available to the
> seller or his agent. If the buyer /does/ return the goods to the
> seller at the seller's request then he is entitled to receive
> repayment of his costs.
Questions about DSR and SOGA come up so often and cause so many
arguments it would be useful to have a factual FAQ that people could be
referred to when such questions arise.
I'm not offering of course, that's far beyond me but I'm sure someone
could put some bullet points down to guide those like me when we get
into difficulties with a buyer or seller.
From: MC on 17 Apr 2010 18:19
> On 17/04/2010 01:41, MC wrote:
> > Fran wrote:
> > >
> >>"Rob Morley"<nospam(a)ntlworld.com> wrote in message
> > > news:20100416133923.23fd37a0(a)bluemoon...
> > > > On Fri, 16 Apr 2010 11:48:41 +0100
> >>>"Fran"<autumnacorn(a)vendredi.fr.com> wrote:
> > > >
> > > > > Fat lot of good that will do. Even if one files a SNAD return
> > > > > postage isn't refunded.
> > > > >
> > > > How could eBay refund something that wasn't part of the original
> > > > transaction? That still doesn't affect the buyer's rights under
> > > > SOGA.
> > >
> > > Which do not include return postage.
> > Yes they do.
> Not under DSR.
The reference was SOGA.
From: Kim Andrews on 19 Apr 2010 04:42
In article <1%nyn.428922$2R.173563(a)newsfe11.ams2>,
> Questions about DSR and SOGA come up so often and cause so many
> arguments it would be useful to have a factual FAQ that people could be
> referred to when such questions arise.
> I'm not offering of course, that's far beyond me but I'm sure someone
> could put some bullet points down to guide those like me when we get
> into difficulties with a buyer or seller.
I don't believe it's possible to give a factual statement of the
situation, because too much is open to interpretation and too little has
been tested in the courts.
Books, by Kimbo!
Used and collectible books at sensible prices.
Buy direct at www.booksbykimbo.com
Find me on Ebid http://uk.ebid.net/stores/Books-by-Kimbo
From: Fran on 19 Apr 2010 07:02
"Kim Andrews" <bykimbo(a)hotmail.com> wrote in message
> I don't believe it's possible to give a factual statement of the
> situation, because too much is open to interpretation and too little has
> been tested in the courts.
The voice of common sense speaks. ;)