Store Offers Refund Instead of Exchange

Raq on 26/01/2018 - 01:46

I've purchased an item during recent eBay sale (pair of wireless headphones for $40). The store I got it from operates on both eBay and traditional online store (in NSW).

Item arrived DOA so I've sent it back to the seller. The seller received and verified fault on Tuesday morning and offered a replacement.

Two days later (Thursday evening) I've received an email saying the item is now out of stock and I will be given a refund instead.

Two issues I have with the whole situation:
- it took 2 days to realise the item is out of stock
- seller's non-eBay site lists the item as available (for $70).

Is the store with their rights to avoid sending me a replacement? I assume the stock is shared between two POS so why claim an out of stock? Why can't I wait for new shipment of the headphones (if they really are out of stock).

It feels like the store realised they can just give me a ($40) refund and still sell the headphones (for
$70)

General Discussion

Comments

  • jelko on 26/01/2018 - 02:38
    -3

    You're not entitled to an exchange. Taka the refund and purchase it elsewhere.

    • Clear on 26/01/2018 - 07:46
      +1

      Says who? He has every right to ask for a replacement under ACL.

      • poboy on 26/01/2018 - 08:23
        +2

        Correct. If the product has a major fault, the consumer gets to choose either a refund or replacement.

      • JimmyF on 26/01/2018 - 09:13
        +2

        unless they have no stock, and then its a refund.

      • whooah1979 on 26/01/2018 - 09:26

        He has every right to ask for a replacement under ACL.

        that's right. the consumer have the rights to ask for a replacement item under the cca. the supplier also have rights under the cca, and that's to remedy the transaction with remedies that are available to them.

        • Clear on 26/01/2018 - 09:27
          +1

          Correct. So if they have no stock they can refund. Easy.

        • Almost Banned on 26/01/2018 - 10:23
          +1

          @Clear: Yeah - but it sounds like the 'no stock' is not true as the same seller is still selling the item through its other channels.
          Sounds like they're trying to cheap out.

        • Clear on 26/01/2018 - 10:24
          +1

          @blaircam: Which is also correct.

    • exc3113nce on 26/01/2018 - 09:15
      +1

      Under the ACL, in the case of a major fault, the company needs to (based on your election) either refund or replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.

      Note it's only IF such goods are reasonably available to them.

  • Yttrium on 26/01/2018 - 08:58
    +2

    If the product has a major fault, the consumer gets to choose either a refund or replacement.

  • whooah1979 on 26/01/2018 - 09:07
    +3

    I've purchased an item during recent eBay sale (pair of wireless headphones for $40).

    It feels like the store realised they can just give me a ($40) refund and still sell the headphones (for
    $70)

    this is a misunderstanding. the supplier didn't receive $40 from this transaction, which is the amount you paid for the item using the code. ebay pays the supplier $40 + the code value - fvf - other applicable fees.

    this item is out of stock. the supplier can't provide a remedy which isn't available to them.

    • JimmyF on 26/01/2018 - 09:13

      this item is out of stock. the supplier can't provide a remedy which isn't available to them.

      +1

  • Harold Halfprice on 26/01/2018 - 11:26
    +1

    Why can't I wait for new shipment of the headphones (if they really are out of stock).

    Why don't you ask them?

  • ronnknee on 26/01/2018 - 11:30

    It feels like the store realised they can just give me a ($40) refund and still sell the headphones (for $70)

    Well how much did you actually pay?

    • whooah1979 on 26/01/2018 - 11:32

      I've purchased an item during recent eBay sale (pair of wireless headphones for $40).

      • ronnknee on 26/01/2018 - 11:33

        Rhetorical question.

        • whooah1979 on 26/01/2018 - 11:34
          -1

          why ask then?

        • ronnknee on 26/01/2018 - 11:36

          @whooah1979:

          A rhetorical question is a figure of speech in the form of a question that is asked to make a point rather than to elicit an answer.

        • whooah1979 on 26/01/2018 - 11:38
          -1

          @ronnknee:

          this is a public forum. one can expect that someone will answer a question when asked regardless of the reason behind the question.

        • ronnknee on 26/01/2018 - 11:48

          @whooah1979:

          One would also expect common sense, logic and rationality from most people but countless times it's been proven wrong with posts like these (eg. this, partial refund for Windows 10, fighting the fine for parking a SUV in Loading Zone etc/)

    • Raq on 26/01/2018 - 17:16

      I've paid $40 which was the price after the recent eBay code (PCTECH) was applied.

      Then extra $10 to send the item back.

      • 17833 on 26/01/2018 - 17:44

        Hi if you have previously activated and paid by PayPal you should be able to get the return shipping refunded https://www.paypal.com/au/webapps/mpp/returns

      • ronnknee on 26/01/2018 - 20:39

        So you paid $40 and they refunded you $40. How is the current price relevant? Should they have refunded you $70?

        As per the reply above, you can get the cost of return refunded by PayPal.

        • Raq on 27/01/2018 - 07:49

          I did not say anything about getting $70 back.

          I just found it strange that the same store claims no stock on their eBay front while still showing available on their website (I can purchase it now if I wanted).

          I'm also almost certain that if I waited some time the item would appear back on their eBay site.

        • ronnknee on 28/01/2018 - 14:32
          -2

          @Raq:

          So why mention that it is being sold for $70 twice?

  • hasher22 on 27/01/2018 - 01:58
    +1

    The company doesn't have stock, they gave you a refund. That's very reasonable.

    Unfortunately, the company does NOT have to give you a refund of the postage cost back to them. That's up to them. That's the gamble you pay when you purchase from a seller that doesn't have pre-paid ready to print return labels.

    That's why I shop at online stores like Asos, Iconic or online stores that you can go to a retailer and they can exchange/refund in-person.

    I had to pay $15 postage to repair my graphics card…. I purchased it online and I knew the risk.

  • minniethemoocher on 28/01/2018 - 23:19

    I believe with eBays money back guarantee you are entitled for the seller to refund the postage. I am not sure how it works in your situation and whether it needs to be activated before you return the item. I suggest checking the t&c's. Alternatively like others have said you can claim through PayPal. Also have you pointed out to them it's available on their non-ebay site? You have every right to insist on a replacement.

    • Raq on 29/01/2018 - 07:13

      I've sent them a message over the weekend about the replacement from their normal store so hopefully I'll get a reply soon.

      Will post an update once I know more :-)

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