shipping refund: Item Not As Described

[OCD]

What is the name of your state? Washington

Scenario:
Purchased item and purchased express shipping. Item described as new.

Problem:
Recieved used item ("item not as described"). Received refund on item, but no refund on shipping.

Question:
Would someone please point me to the case law / applicable laws / statutes where buyer should be refunded shipping on Item Not As Described.

Thank you!!

 

[Zigner]

What is the name of your state? Washington

Scenario:
Purchased item and purchased express shipping. Item described as new.

Problem:
Recieved used item ("item not as described"). Received refund on item, but no refund on shipping.

Question:
Would someone please point me to the case law / applicable laws / statutes where buyer should be refunded shipping on Item Not As Described.

Thank you!!

Your options would be contained within your contract. If your contract does not allow for shipping to be refunded, then shipping isn't refunded.

 

[OCD]

What if there is no mention in contract?

 

[quincy]

Did you return the item?

 

[LdiJ]

What is the name of your state? Washington

Scenario:
Purchased item and purchased express shipping. Item described as new.

Problem:
Recieved used item ("item not as described"). Received refund on item, but no refund on shipping.

Question:
Would someone please point me to the case law / applicable laws / statutes where buyer should be refunded shipping on Item Not As Described.

Thank you!!

Even if you found cased law that requires what you want the cost of filing suit to recover shipping costs would likely exceed, by possibly 100 fold or more, the cost of mounting a case. The shipper knows that.

 

[quincy]

OCD, exactly how much money is involved here?

 

[adjusterjack]

Question:
Would someone please point me to the case law / applicable laws / statutes where buyer should be refunded shipping on Item Not As Described.

That won't help you because it's a matter of contract between you and the seller. What do the terms of service say about refunds. If there is no mention of shipping refunds then you don't get one. Though I suspect that you were required to return the item at your cost.

 

[quincy]

The return of the unordered item should be at the cost of vendor/sender. They should send a return shipping label.

 

[Zigner]

The return of the unordered item should be at the cost of vendor/sender. They should send a return shipping label.

That's not exactly what's going on here. The OP got the item he ordered, but he is claiming that it was not in the condition he expected ("new" vs "used").

 

[quincy]

That's not exactly what's going on here. The OP got the item he ordered, but he is claiming that it was not in the condition he expected ("new" vs "used").

The vendor should still be paying the return shipping. The item delivered was used and not new (not as described).

 

[Zigner]

The vendor should still be paying the return shipping. The item delivered was used and not new (not as described).

I totally agree with you that the vendor "should" pay the return shipping, but it really does depend on the terms of the contract that the OP freely entered in to.

 

[quincy]

I totally agree with you that the vendor "should" pay the return shipping, but it really does depend on the terms of the contract that the OP freely entered in to.

Return shipping is generally outside the terms of the original contract. The contract is for the sale and purchase of an item, with shipping costs whatever they are.

If the item that is sent is not as ordered, the burden falls on the seller to refund and/or replace and, if the seller wants the item returned, the cost of the return is on the seller.

 

[Zigner]

Return shipping is generally outside the terms of the original contract. The contract is for the sale and purchase of an item, with shipping costs whatever they are.

If the item that is sent is not as ordered, the burden falls on the seller to refund and/or replace and, if the seller wants the item returned, the cost of the return is on the seller.

Again, I don't disagree - but such a "burden" can be shifted by way of the contract.

 

[quincy]

Again, I don't disagree - but such a "burden" can be shifted by way of the contract.

Yes. But it would be the rare contract I would think that says “even if we send you something you don’t want and didn’t order, you still must pay to send it back to us.”

 

[zddoodah]

Would someone please point me to the case law / applicable laws / statutes where buyer should be refunded shipping on Item Not As Described.

There is no law that says that. The contract between buyer and seller (including any terms and conditions to which the buyer and seller agreed if this was done via some online marketplace) will govern this issue.

How much did the item cost? How much was shipping?