Hi All,

I'm new to this forum and am in need of a little advice.

I recently sold a mobile phone on an internet trading forum. I sold the phone brand new in the box unopened. The fella that purchased it paid the going rate for the item in question.

4 days after he received it he contacted me to tell me it was faulty (it kept switching off) and that he wanted his money back. (He wanted me to refund the full amount into his bank account before I had the phone back...) I told him to send it back and I would look into it. I put £10 into his bank account to cover the cost of return postage. In the meantime whilst waiting for the phone I looked into his profile. It would appear that he had stated in one of his other 'posts' (not to me of course) that he would like to try a mobile like the one I sold him out of curiousity..

Anyway the phone is now back in my possession and lo-and-behold shows no sign of any fault. I have had the mobile on for some 40+ hours now without any issues.

So here lies my problem. I have offered to either: send him back the phone (as it is clearly not faulty) OR send it off to the manufacturer for them to look at OR refund him part of the cost in line with what the phone will now be worth to me to resell (as it is no longer brand new, unused and sealed)

I honestly believe he just wanted to 'try one out, out of curiousity' (in his words), and am refusing to be the mug he hoped I would be.

Can anyone advise me what to do next? or what I am legally entitled to do? He wants a full refund or he will seek advice...

Thanks for reading and I'm sorry it was so long winded!

Teapot

Why did you sell the phone 'brand new'. Are you a trader?

No i am not a trader. It was an unwanted upgrade.

Ok, no problem. In that case, just tell him to pay for redlivery or go without it. Do not refund as there is no reason too. A), it is not faulty, and B) he has made it clear that he fancied playing with one.

My bet is that is not the only thing he plays with. Sounds like a complete Merchant Banker.

Hi,

Thanks for the advice.

I have e-mailed the fella again and given him his options...he has gone very very quiet.

I will send the phone back to him (then at least I have fulfilled my end of the sale) and I hope that will be an end to it all.

Thanks again for taking the time to read my post and reply.

Teapot

Ok, no problem. In that case, just tell him to pay for redlivery or go without it. Do not refund as there is no reason too. A), it is not faulty, and B) he has made it clear that he fancied playing with one.

 

My bet is that is not the only thing he plays with. Sounds like a complete Merchant Banker.

You can't just issue clauses in a sale after the event.

OP, did you have any clauses, such as for unwanted goods, in the sale description? Or did you just abide with the internet trading forum's rules? If so, what are they concerning your circumstance as detailed?

This was a private sale (Edit),. so there was no 'clauses'.

The fella has been in contact again and it looks like he is happy to be amicable and accept a partial refund.

To be honest that suits me fine. I hate getting into disputes with people!

I will say though that i abided by the terms of trade on the forum in question. I have sold a few bits on there over the years without issue.

Sorry but why should you give him a partial refund? I sell a lot on the net and if the customer is trying it on and asking for a partial refund I ask for the item back.

You have tested the phone and it works. You should ring him off the phone and ask if he can hear you proving the point.

This was a private sale (Edit)t,. so there was no 'clauses'.

It was an internet trading site, probably EBAY, and they contain rules and clauses regarding returns, and you are able to add your own too, that's why I asked the goddamn question.

Private sales have responsibilities too.

A sale made by way of an open forum with the same terms published, so intended to apply to any number of buyers is therefore public, not private.

Consumer protection legislation applies, including the right to cancel under the Distance Selling Regulations, which is absolute. A buyer is not obliged to give a reason to cancel but the supplier is obliged to inform that the right exists.

8-)

Distant Selling Regulations only apply to 'buy it now' items on ebay not on items which are won via auction.

Distant Selling Regulations only apply to 'buy it now' items on ebay not on items which are won via auction.

A contract of sale on eBay is concluded when the buyer accepts an offer made by a seller at a price determined by the bidding process or at a 'BuyNow' price, while a contract concluded an an auction is concluded by the auctioneer's acceptance of a buyer's bid.

"Transactions concluded on eBay are not auctions. eBay is neither an auction house nor a retailer"

That is eBay's own explanation, to the EU Commissioners:

http://ec.europa.eu/consumers/cons_int/safe_shop/acquis/responses/eBay.pdf

If eBay sales were auctions, auctioneer's licences would have to be applied for in some parts of the World.

Section 57 of the Sale of Goods Act would also apply whereby

A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner; and until the announcement is made any bidder may retract his bid.

8-)