purchased incorrectly described item; Ebay refunded and say return not required

[timwjan]

A strage one.

I purchased a radio for £155 that weas incorrectly described and I raised a return. I immediately received a full refund, but no sign of any return label or instructions.

The seller naturally is asking about the return of his item.

I did an online chat with Ebay and they bizzarly say that I do not have to return the radio, If I want to then it will have to be done off ebay. I am in discussions with the seller who will probably call and collect as we are fairly close.

Surely this is not the correct action by Ebay.

[**peaseblossom**]

That is unusual.    eBay usually only do that if the seller is not co-operating with the return and the buyer eventually has to escalate it to eBay.   It's good that you're communicating with the seller and arranging the return of the item.

[tressygirl]

@timwjan  wrote:    Surely this is not the correct action by Ebay.

Yes, it is because the case was closed with the refund, nothing more can be done now through eBay.

The seller made the error here by not issuing the return label Before they refunded.

Not all sellers want their items back, so refund immediately, and this tells the buyer and eBay,  the seller is happy for the item not to be returned.

Obviously with a £155 item,  the seller does want it returned,  but failed to initially provide that label.

The only way forward here is not with a case as that's closed and another for the same item cannot be opened, so either the seller sends you enough postage cost to cover a return tracked postage,  or,  thankfully as they are close by,  they can come and collect it.

Just to cover yourself,  I would print off a copy of the Order details and have the seller sign it as item received.

[plpmr]

If they come and collect get a receipt signed.

[jckl1957]

It was probably the seller and not Ebay who refunded you straight away.

There are frequent posts in the forums from sellers who don't understand the refund process, click to give a refund and them complain they don't have the item back.

If the seller refunds immediately, then Ebay do say you don't need to return the item. Obviously, the seller may have a different view and will then have to get in touch with the buyer to arrange a return.

[myriad*seller]

Send the seller the message from eBay saying you do not have to return the item

[geosacha007]

Good for you for doing your best to return it to the seller. It is the morally, and legally, right thing to do.

Ebay cause a lot of trouble between buyers and sellers by telling a buyer they do not have to return the item if they have been refunded.  What ebay mean is that the ebay refund is not dependent on the item being returned.  But legally the seller has the right to get their item back.

Some inexperienced sellers do not realise that accepting to refund means ebay tells the buyer to keep it.  And there are cases where ebay refunds without the seller telling them to (I think this was reported to have happened with a £500 item recently). 

If the buyer will not gve the item back sellers have to take them to the small claims court.  And, as long as they follow the correct procedure, the seller would win.

If the buyer then

[m25jet]

eBay are notorious for giving out misleading advice.  If you have received a full refund of the money that you paid the seller for the item then you are no longer the legal owner and should therefore return it to the seller.  The only exception to this would be in cases where the seller has made it clear that he/she does not want the item back again.  However, you cannot arrange for a return of the item to the seller via an eBay case now for the reasons that Tressygirl has already explained.  Therefore, if the seller lives nearby and is willing to collect the item in person then contact the seller and arrange a mutually convenient time for him/her to collect the item from you.  You've already got your money back, so by ensuring that you assist the seller in retrieving the item he/she can then relist the item for sale on eBay again should he/she wish to do so, and neither of you lose out.