eBay refund

[#1]

Not having much luck with refunds lately
I purchased a drawer cover (£12.49+free delivery) for the freezer through eBay but I ordered the wrong part so contacted the seller for a returns address requesting a full refund. Posted the item back the same day and today I received the refund, less £2.50. I have emailed (all contact through eBay) the seller, who is a business, politely pointing out that under the DSR he has to refund the full cost including postage but as the postage was marked 'free' he must still refund the full purchase price. I told him I assumed it was an oversight and that I expect immediate payment of the £2.50.
Looking at his returns policy (I know, should have checked that out first ) it states:

Quote

* All returned parts must be unused, unmarked, and undamaged. 2) Returns will not be accepted if the part has been used, or damaged whilst being fitted to an appliance. 3) Handling charges: We do not impose a handling charge for returned items. Refunds are given in full, but you will have to pay the cost of the return postage. In cases of buyer error, outgoing postage will not be refunded.

my bold.
I will wait till Monday to see what response I get but, irrespective of the sellers response, should I let eBay know that his returns policy breaks the DSR or only if he fails to cough up the £2.50?
What would you do?

[#2]

I had a similar case.... although the product  ( a coat ) was returned, in the original packing, ( even the outer packing ) the supplier charged me for return postage.. when I queried the "underpayment"...
So I said that postage was FREE as per his sales sheet.... and that as I had paid return postage, he could not charge me for its return postage... he said it was "policy"... I said, ok. Refund the difference withint 24 hours or I report this to ebay resolution and open a case against you....
had the refund in 24 hours.. with an apology .....
so , my advice would be to do the same.... and if no joy after 24 hours.. then go for the resolution route.... good luck.

[#3]

Thanks, shutter.
I will give him till Monday to respond favourably seeing as it's the weekend then I will kick ass

[#4]

Personally if I'd made the mistake then I'd offer to reimburse the seller their postage.
I know the DSRs have changed recently and the seller may be within their right to refuse refund on postage dependent on what they have stated at the time of sale.

[#5]

Tbh
I am with DomS on this one
After all, it was not the seller that made a mistake

[#6]

The DSR is quite clear on this whether it's a mistake or you changed your mind the original postage has to be redunded. Obviously in this case the postage was free so that cannot be deducted from the refund.
[quote=http://dshub.tradingstandards.gov.uk/dsrexplained]
You have to refund any money paid in relation to the contract by, or on behalf, of the customer, to the person who made the payment. This includes the
    full price of the goods
    deposit or prepayment made
    cost of delivery.

[#7]

The "terms" Mav posted are quite clear....
point number 1....

Quote

Handling charges: We do not impose a handling charge for returned items.

point number  2

Quote

Refunds are given in full,

The Seller has made a serious error, by not refunding in full... despite  his own terms....
point number 3

Quote

you will have to pay the cost of the return postage.

Mav has not asked for the cost of return postage
point number 4 

Quote

In cases of buyer error, outgoing postage will not be refunded.

As the "outgoing postage" on the sale page was FREE ..... this is a non-effect statement. and so "buyer error" does not come into the situation under any of the terms listed.
In my opinion, he has every right to demand, and receive, the FULL refund, as he requested originally, and as stated in the terms of sale posted by the seller, backed up by the DSR `s.

[#8]

It's so easy to make a loss selling on ebay.
Probably why I hardly ever bother nowadays.

[#9]

On the few occasions I have had trouble on eBay, the mere mention of opening a case tends to get results. eBay nearly always come down on the side of the buyer.

[#10]

Cheers Shutter, for the detailed post
My apologies
It seems that I mis -read the original post  & I now recant my last statement as a result I was mistaken, however I will not edit it for clarity

[#11]

I had a similar case, I ordered a bug zapper. It arrived when I opened it, it had been dropped cracking open the top. I sent an email and a pic of the damage. The seller wanted me to pay for RETURN postage. I said NO WAY it was damaged in transit not by me. Eventually after threatening them with a case they agreed to pay the return costs.

[#12]

Quote from: Mav

The DSR is quite clear on this whether it's a mistake or you changed your mind the original postage has to be redunded. Obviously in this case the postage was free so that cannot be deducted from the refund. [quote=http://dshub.tradingstandards.gov.uk/dsrexplained] You have to refund any money paid in relation to the contract by, or on behalf, of the customer, to the person who made the payment. This includes the     full price of the goods     deposit or prepayment made     cost of delivery.

@Mav, Thanks for posting. You've obviously read the DSR rules more recently than I have.  Am I wrong in thinking that if the seller makes it clear in his terms that the buyer has to pay return postage, this is not allowed

[#13]

The seller has to refund the return postage unless it is made clear in the T&C that the buyer has to pay it.
[quote=http://dshub.tradingstandards.gov.uk/dsrexplained]If you want the customer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information. If you did not include these details in the required written information then you cannot charge anything.

[#14]

Thanks Mav I thought that was the case

[#15]

Not heard back from seller yet but I did say I'd give him to Monday.
Before I actually made the purchase I saw that he had 98% positive feedback and thought that was good enough. I should have checked out that 2% before hand as most of it relates to poor customer service when refunds are requested, rudeness and deducting original postage (even when free) from the refund