Ebay returns question

[jont]

Dear collective,

the wife purchased an item on Ebay which arrived damaged and was reported as such to the seller. A request for a photo was made and duly sent. After 2 weeks and several emails there was no response from the seller.

The issue was reported to Ebay who have "resolved" this matter by saying a refund will be given on return of the item, but that my wife has to pay postage and return the item within 3 days.

This was a UK based seller for delivery to the UK.

Surely the DSR require faulty / damaged goods to be returned at the sellers expense (whether they collect or refund if the buyer returns at their cost)? And to impose a 3 day return policy after 2 weeks of non-communication seems a little steep as well.

The item is only worth about £10 and is new (a book for shorty).

Any advice most welcome on where we stand.

[leehack]

My initial reaction was that you are perhaps thinking of ebay offering same level of service as say Amazon, i'm not sure if with a bonafide business selling products on ebay are subject to the same regs. I guess with the service they have provided and the lack of postage refund, you have won the case and have feedback to relay your thoughts on the matter.

They must be incredibly naive or just not care to let a few quid put them in danger of bad feedback. I like you would expect them to pay for postage back to them (in fact pick it up by their own arrangement) and post a replacement.

I think it is always more genuine when someone says they want a replacement, you only really have them accidentally damaging it as possible fiddle.

[Mike Hughes]

Hi Jont,

Your position depends on how it was purchased. As I understand it, auction items on ebay aren't covered bythe DSRs but 'buy it now' items are if sold by a business. (you might want to check on this as I'm not 100% sure of the details.

So quite where you stand depend on where and how it was bought.

Mike

[Golf Tee Warehouse]

The rules are certainly the same if the seller is a business seller and the item was new and sold using a Buy-It-Now option, although not all realise or even know that DSR exist.

Was the seller registered as a business seller? (the sellers status should be displayed at the bottom of the listing along with contact details if they are a business)

What was the sellers feedback score and percentage/
What were there DSR scores? (Detailed Seller ratings not Distance Selling Regulations)

[jont]

Mrs Jont informs it was on a buy it now from a proper trader.

Will need to get her to check their status and feedback etc but I know if there is a whiff of anything iffy she will stay well clear.

[orcahouse]

On the very few occasions I've had a problem I've requested the sellers contact info and given them a call. You could tactfully start by implying that they must have missed your emails in the Xmas rush etc and if they brush you off then quote DSRs/negative feedback etc. They can't ignore you on the phone and things get sorted much more quickly that way. From eBay help pages:

To request your seller's contact information:

Click Advanced search at the top of most pages.

In the Members section on the left side of the page, click Find contact information.

Enter the seller's user ID and item number.

Click Search.


Good luck.

[chris ashdown]

How and who decides if Private and Business seller and anyway where does it state Business sellers only have to follow DSRegs, I can understand the convenience to ebay of breaking up the two types of seller but I would argue that all sellers come under the DSRegs unless sold by auction,

If they hide in either Norfolk or Suffolk I will go and have a word in there ear Johnty if you want, Aint had my Doc Martins on for many a year, about time they came out again or people will think us pensioners are going a bit soft ( don't go there)

Chris

[Mike Hughes]

The DSRs apply between a supplier and a consumer.

“supplier” means any person who, in contracts to which these Regulations apply, is acting in his commercial or professional capacity;

To quote trading standards:

You have fewer rights if you buy your item from a private seller, eg in an online auction or from a newspaper advert. The items only have to match the description given by the seller and be theirs to sell.

If the seller is selling lots of things then I'm sure you can show that he is acting in a commercial capacity, rather than a private one. Only thing is that by the time you're arguing at this level you've probably lost the argument.

If it's just the return P+P you're concerned about then I'd try not to get too stressed about it.*

Mike

* But then don't ask me about my recent discussions with Vodafone customer service. Stay calm, mike. Stay calm.

[Golf Tee Warehouse]

where does it state Business sellers only have to follow DSRegs

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf
'2.18 Sales by private individuals not acting for business purposes are not covered by the DSRs.'

[chris ashdown]

But normally they are, If they sold one item not wanted then fine but if they have sold say 20 items this year then they must be trading in a commercial capacity

[Mike Hughes]

Agreed. Normally they are. If they buy stuff with the intention of selling it on then they are trading commercially and should be registered as a business seller.

Here's ebay's advice

Choose a business account if you:

sell items that you have bought to resell
make items yourself and sell them, intending to make a profit
are a Trading Assistant
buy items for your business on eBay

Choose a private account if you:

sell items that belong to you and that you don't need anymore
buy things for your personal use

Mike