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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I bought a Royal Doulton Classique Figurine on Ebay in

Resolved Question:

Hi,
I bought a Royal Doulton Classique Figurine on Ebay in a "Buy It Now" transaction on 16 Nov.for £75 plus £10 p&p. The post office tried to deliver it while I was out on 20 Nov. and left a card saying that I needed to collect it from the sorting office.as it needed to be signed for. I collected it that afternoon. On collection I noticed that one corner of the box was pushed in and that it had been incorrectly addressed (It had been addressed to SE2 not SE12.It had been corrected by the post office.) On opening the parcel I was horrified to find that the figurine was wrapped in 2 layers of bubble wrap, and the separate base in a brown paper A5 envelope. The remaining space in the box was filled with supermarket polythene carrier bags. The figurine was broken, a significant part of the hat was in several pieces.
As the listing had said that returns were accepted up to 14 days from receiving the goods I emailed the seller asking for his name and a return address that the figurine should be sent to, explaining that the item had been damaged in transit and that I didn't want damaged goods. He replied that he didn't accept the return of damaged goods and that I should claim from the post office. I replied that the ebay listing had said that he did accept returns and nowhere did it say that if goods were damaged in transit then returns would not be accepted. I said that this was why I had bought the goods and accepted "signed for" as a suitable way to send the figurine. I also pointed out to the seller that the goods, in my opinion, were not packed sufficiently well to offer adequate protection to a fragile item and that if the post office were to offer compensation it would be a maximum of £50 .The answer to this email" get compensation from the post office.
I would like to know if the seller can say he will not accept a return especially as the packaging was so poor. l have asked ebay to intervene and have done everything that they have asked in trying to negotiate with the seller but have been totally unsuccessful.
I would be grateful for any advice that you can give me.
Thank you
Wendy Brown
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

Is the seller within his rights to refuse to take the item back even though the listing said that returns are available for 14 days and the item was badly packed.?

Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX my colleague has asked me to assist with your query as it is more my area of law. Was this a private or business seller?
Customer: replied 3 years ago.

It appears that he is a private seller.

Expert:  Ben Jones replied 3 years ago.
If this was purchased from a private seller then your rights will not be as extensive if you had bought it from a business seller. In the latter example you would have had an automatic 7 day cooling off period to return the item and would have also had protection if the item was not as described, not of satisfactory quality or not fit for purpose. None of these apply if the seller was a private one. Your only protection then would be for breach of contract or misrepresentation. This would still give you some rights because obviously what was advertised was not a broken item and if that is what you received, it would not match the original description and would b a breach of contract. He cannot avoid responsibility for this because it was broken by Royal mail - the contract of sale was between you and him and as such your rights would be against him only, even if the damage was caused by another party. He would have a separate contract with Royal Mail for the delivery so it would be for him to claim for the damage caused. You claim from him, he then in turn claims from RM.

At first you should try and resolve this directly with him. If that does not work then use the ebay or Paypal dispute process as that is free and it could result in them refunding you the money. The final option is the small claims court but that should only be used as a last resort and if everything else has failed.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46173
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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