Can I demand a refund NOT an exchange?

Question

September 7th I purchased a toy from Ebay, it took 18 days to receive. I opened it, charged it up and tested it out only to find it faulty. I immediately contacted the seller who takes at least 24 hours to reply to each email I send. After a month of emails going backwards and forwards, he finally agreed to let me return it and took another 24 hours to give me the return address.

I have now requested a refund as this toy was a gift and is too late for me now. He states that he does not have a refund policy but will give me a replacement. I DO NOT WANT A REPLACEMENT and have told him so on a number of occassions.

Do I have any rights or am I stuck with something I no longer want? A new one is as good to me as a faulty one.

If I were to return it, can I get a refund of the postage costs, given that it is a faulty item?

Answer 1

You agreed to buy an item from him, and the one he sent didn't work.

He has a responsibility to correct that, which sending you a new one will do. There is no law that will make him give you a refund instead of an exchange that I am aware of.

If you don't want the item, take the replacement and sell it to recoup your costs.

Answer 2

You're probably stuck with it, but you can file a claim with ebay. I hope you kept all of your email correspondence to back up your claim. If in the end you are stuck with an exchange, you could always re-list it on ebay to get your money back (providing of course that the replacement one works.)

Answer 3

if he has a return policy it should be written out on the listing for the item
if it said he will refund then he has to refund if you met the rules for refunds
if he says nothing about refunding money then you can demand all you want but you wont get it

Answer 4

Chances are you are stuck with it. Ebay allows sellers to decide on if they do refunds or not, and if your seller chooses not to, there is no legal recourse that i'm aware of.

Answer 5

Keep pushing to get what you want