Ebay seller offers only partial refund of postage costs

I bought a jacket from an Ebay seller called Sportstrend, but after five weeks the zip broke.

There was also some discolouration on the knitted cuffs and waistband. I contacted the company, which offered a refund of £45.

I contacted them again regarding the postage, and the company said Ebay had advised them they only needed to refund 80 per cent of the original cost.

Sportstrend thought it was being more than fair refunding the full purchase price.
Mick Collins

We don’t believe Ebay in the UK told one of its traders that it only had to refund 80 per cent of the purchase price for faulty goods. This figure seems to have been pulled out of the air by the online trader.

This type of arbitrary refund figure is not something set out under the Sale of Goods Act, which deals with goods not fit for purpose.

Mr Collins cannot use Ebay’s buyer-protection policy, as this only lasts 45 days from the date of purchase. So he will have to try to settle this with the trader.

We searched on Ebay for the trader and found two with matching names. One, based in California, sells auto parts and clothing, while the other trader is in Puerto Rico and sells just clothes.

There is also a Sportstrenduk, so we emailed Mr Collins to ask for clarification of the name to ascertain which of the traders he did business with.

If it is one of the traders based abroad, then UK statutory law does not apply to them unless they are deliberately making a point of selling to UK customers. Even then, it would in most cases be pointless using the law.

Retailers targeting UK customers should abide by this country’s laws, but unless they are a huge company with a UK presence, trying to enforce our laws would be an exercise in futility.

If the trader is the UK-based one, then it will have to abide by the Sale of Goods Act. Because Mr Collins has only had the jacket for five weeks, the seller would have to prove that the faulty zipper is not an inherent fault and is damage caused by Mr Collins.

If it cannot, then it must not only reimburse him the cost of the jacket but also the original delivery price and returns cost.

When he gives us the trader’s details, we will contact the company and ask why it believes it is not responsible for issuing Mr Collins with a full refund.