Conflicting advice from seller

[joycpric-0]

I purchased a group of items from seller on ebay that arrived damaged. I contacted the seller who  instructed me...

 'Please dispose of the item and we will refund your account.
In order for us to issue the refund, you need to open a returns case and send us a picture of the itemPlease follow the instructions below:
Go to your purchase history and select - Return This Item - from the 'I want to' drop-down menu so you can start the return process.'

I've followed the instructions and, started a return and disposed of the item.  The seller is now asking me to return the item for a refund ? 

[red_magpie · Accepted solution]

I'm surprised that a company as large as Argos should behave so irresponsibly.

For a start, you don't have to send sellers photos to prove items are broken. More seriously, Argos is directing you to eBay's ordinary returns procedure, which is intended for change of mind returns. For an item that arrives damaged, you should have used eBay's money back guarantee. This provides full protection and it's up to the seller to send a prepaid return label. If they don't the buyer can keep the item. Buyers should never dispose of items while any case is open, in case the seller wishes it to be returned.

I'm really not sure what to advise you to do now. EBay's return procedure will automatically require you to return it, with proof of delivery. I think you had better start by contacting eBay customer support, but they are very inflexible and I suspect all they will do is repeat the rules. If they do, you may have to point out to Argos that their advice has left you unable to claim a refund (eBay won't let you open a second case). If this fails, you may have to make a formal, writted complaint to Argos, explaining what you have explained to us, and ask them to resolve the matter. Beyond this you could be in the realms of contacting trading standards, or even a claim through the small claims court.

[joycpric-0 · Accepted solution]

Thanks for the advice, I had to phone them in the end. They claimed the error was on my part as I hadn't specified that only 1 item of a set of 4 was damaged and also seemed to be trying to cover their backs claiming it was because I'd opened 2 return cases. They accepted no mistake had been made at their end but did receive a refund. I'll definitely think twice before buying from them again they came across as dishonest and have terrible customer service.