From: Peter Parry on
On Sat, 12 Dec 2009 11:12:14 +0000, CD <no(a)way.ok> wrote:

>
>I've no problem with doing it, I was wondering if there were copyright
>reasons that I could only offer a replacement.

There is no such requirement.

>IIRC this is the case
>if you take a DVD back to a shop, replacement of the same title only,
>or has that changed?

Legally the situation is perfectly simple. If the goods are faulty
the buyer has an absolute right to reject them and require their money
to be refunded. They have no obligation to accept a replacement.
Nothing can over-ride this (although the EU is planning to take this
right away).

In areas where buyer fraud is rife - such as sale of DVD's/CD's where
an item may be bought, taken home and copied and then returned a few
hours later as "faulty", some suppliers try to minimise their losses
by refusing to refund but offer a "same title" replacement and mutter
nonsense about "copyright law" to justify what they are doing (It
sounds better than telling the buyer you think they are a thief).

If such a refusal to refund were to be taken to court the retailer
would lose. There is no legal basis for refusing a refund for faulty
goods.

As a seller you do of course have the right to examine the goods
yourself to ascertain the fault really does exist. With media the
situation then becomes significantly murky. There are major
differences between models of DVD players in how well they play
marginal DVD's. The fact it plays in your machine does not
necessarily mean it is fault free. As Fran has said, offer a
replacement but if they insist on a refund you must give it to them.

Most on-line retailers take the position that they will refund a few
times for any customer and after that refuse to sell to them unless
they are buying a lot and their return rate is within reason.
From: Dr Zoidberg on
Fran wrote:
> "CD" <no(a)way.ok> wrote in message
> news:sgq6i5tbvhjmniq6n99ovh5l91mcvfoarg(a)4ax.com...
>> Hi all
>> I sold a brand new film on Blu-Ray a week or so ago. The buyer has
>> just mailed me asking for a refund as it has a fault near the end
>> (jumping & skipping).
>> Should I refuse the refund & offer a replacement instead? I'm happy to
>> do this.
>>
>
> He has the right to either refund or replace, and you don't have the right
> to refuse a refund. You could offer a replacement, nicely, but if he insists
> on a refund, then give it.
>
Assuming that the disk is actually faulty , and he hasn't just watched
it and wants his money back.

If they didn't ask for a replacement that would make me suspicious.

--
Alex

"I laugh in the face of danger, then I hide until it goes away"
From: Fran on

"Dr Zoidberg" <AlexNOOO!!!!!!@drzoidberg.co.uk> wrote in message
news:hg0bit$a9i$1(a)news.eternal-september.org...
> Fran wrote:
>> "CD" <no(a)way.ok> wrote in message
>> news:sgq6i5tbvhjmniq6n99ovh5l91mcvfoarg(a)4ax.com...
>>> Hi all
>>> I sold a brand new film on Blu-Ray a week or so ago. The buyer has
>>> just mailed me asking for a refund as it has a fault near the end
>>> (jumping & skipping).
>>> Should I refuse the refund & offer a replacement instead? I'm happy to
>>> do this.
>>>
>>
>> He has the right to either refund or replace, and you don't have the
>> right to refuse a refund. You could offer a replacement, nicely, but if
>> he insists on a refund, then give it.
> Assuming that the disk is actually faulty , and he hasn't just watched it
> and wants his money back.

True, but OP doesn't really have a choice. PayPal will make the decision for
him.



From: CD on
On Sat, 12 Dec 2009 15:18:06 -0000, "Fran"
<autumnacorn(a)vendredi.fr.com> wrote:


>True, but OP doesn't really have a choice. PayPal will make the decision for
>him.


Thanks for all the input, I've no problem refunding, just thought I'd
run it by here first. The buyer seems genuine with a 4 digit feedback.