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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I ordered goods, ( Easter Eggs) from ebay, the goods were

Resolved Question:

Hi
I ordered goods, ( Easter Eggs) from ebay, the goods were advertised, £24 plus £7 postage
I have just had a message saying " I have tried to send your goods but it will cost £16 by courier, so do I want a refund, have I any rights here ? also I paid for goods with my mastercard, via Pay Pal, to receive a refund pay pal say I have to open an account with them, and wait up to 14 days for refund.. I sent an email to seller explaining I thought we had a contract when postage was advertised at £7, I also said if I was to accept a refund I would want it paid straight to my account, any ideas
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask when you placed the order for the goods please? Finally do you know if the seller is a business seller or a private seller?

Customer:

Hi There, the order was placed on 12th march, as I said it was via ebay, I think it is business they are advertised as shabbychickshop11

Joshua :

Thanks. Based on what you say if the seller is operating as a business, they will be bound by the Cancellation of Consumer Contracts Regulations which provides you with an absolute right to cancel the order for any reason whatsoever. There is therefore no doubt that you are entitled to a full refund. I note however that your preferences to ideally receive the goods. Unfortunately, it is not possible to demand that the seller provides you with the goods you have ordered as they are able to refuse to accept your order.

Joshua :

However there are no difficulties with regards ***** ***** right to a full refund. Ebay maintains its own dispute resolution service if the seller refuses to refund you. I am not aware of a requirement that you open a PayPal account in order to obtain a refund and you may consider raising a claim using eBay's own resolution service in the first instance:

Joshua :

resolutioncentre.ebay.co.uk/

Joshua :

if this is unsuccessful because they insist you open a PayPal account - though as above I cannot see such a requirement is necessary in their guidance notes - then you can contact your credit or debit card issuer and ask them to raise a charge back against the charge on your account. Your bank or credit card issuer will typically post you a form to sign to confirm you have not received the goods and may ask you for a copy of any relevant email correspondence with the seller and they will typically credit your account within a matter of a couple of days.

Customer:

Is this the case even if they accepted my payment , had they not already accepted my order when they took payment, if so can a company refuse to accept an order on any grounds, I thought I had entered into a contract when the goods were advertised at a price and postage sale, ie if someone is selling a car for £2000, the buyer can then say I want £2500 for that car, and just send a refund, does not seem right to me

Joshua :

The point at which a contract is formed is not as is often thought, when you pay for goods online. It is the point at which the retailer actually accepts your order which is either at the point they confirm your order has been accepted (this is rerely done in practice) or the point at which they take some action which shows acceptance - usually this would be posting your goods.

Joshua :

It is for this reason that a retailer cannot be forced to provide the goods but a consumer is limited to claiming a refund.

Joshua :

The question of when a contract is formed has been examined many times in court over the years; in particular, the question has arisen when shops have listed items online at the wrong price and people have tried to sue the shops to provide the goods at the incorrect price - hoping for a bargain. The courts have conclusively rejected such claims and confirmed the contract is formed at the above point and so the shops in these circumstances are not bound to supply the goods listed at the incorrect price.

Joshua :

Ebay being what it is however, one would hope that you will be able to source an alternative supply for a similar price and obtaining a refund should pose little more than minor administration.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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