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Ebay return refusal


Sneaker
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Hi,

 

A quick query...

 

I purchased on But it Now a mobile phone on Ebay via Paypal for £40.00+p&p that clearly stated returns accepted. When the item arrived it wasn't what my daughter wanted.

 

I have requested a refund 3 times. Twice the seller has stated she doesn't accept returns and will not give me one, even though I pointed out her advertisement stated that she would and that I am covered by distance selling regulations. The third time she has ignored me.

 

1. Does anyone know of a Paypal or Ebay procedure that would deal with this? When I go to the Ebay resolution centre it tells me my case is closed as she has refused the return.

 

2. Should I just write her a letter threatening court action?

 

Any other comments are welcome.

Thanks.

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Update...

 

I managed to contact Ebay (by posing the question to Ebay "How do I telephone Ebay"!) and they have told me that because there is nothing wrong with the item and it is as it was described in the advert they will not open a case, or help me resolve this issue, or intervene in any way.

 

So I suppose it's no2.

 

LBA going tomorrow.

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sorry to say but you are not going to win

 

most people dont sell on approval

 

returns accepted is normally for faulty goods, as EBAY have said, no fault no return

NEVER FORGET

 

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Also, when buying on "Buy it Now" and also paying with Paypal I am protected by distance selling regulations where I have a cooling off period surely?

 

Info...

http://pages.ebay.co.uk/consumer-rights/consumer-rights.html#change

WHAT IF YOU CHANGE YOUR MIND?

Distance Selling Regulations

The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.

The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back.

 

The cancellation rights do not apply to certain items including software, audio or video recordings that have been unsealed, perishable goods such as food or flowers, or items that have been made to order.

To get a general idea of the laws governing distance sales, we recommend that you review BIS’s summary of the Regulations.

 

Both the Citizen's Advice Bureau and the Office of Fair Trading also provide advice on your rights when shopping online:

Edited by Sneaker
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if it was a company selling yes but the average seller on EBAY is a private seller , and a lot of stuff is sold as secondhand

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only if is a real trader, even then was it new or refurbed / secondhand,

 

if its a private seller, then unless the goods are faulty or not as decribed , thats the end of it,

 

"BUY it now" does not fall under the DSR , as such

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AN auction does not fall into DSR, buy it now does as it is not an auction but a sale. I believe there is OFT guidance on such matters whereby they have stated the above.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf pg8 2.17

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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What is an auction?

 

2.16

Whether something is an auction depends on how the selling

 

process occurs and whether the contract is concluded at an auction.

 

An auction has no statutory definition but is generally held to be a

 

manner of selling property by bids, usually to the highest bidder, by

public competition, and has a number of characteristics, including:

n

 

 

 

 

 

 

a unique item or collection of items for sale

 

n

 

 

each bid being an offer to buy

 

n

 

 

the auction ending in a pre-arranged manner, such as on the fall of

 

a hammer or the expiry of a deadline, after which bids are no

 

longer accepted, and

 

n

 

 

 

 

 

 

the winning bidder being bound by contract to pay for the items.

 

 

2.17

 

 

How a contract is concluded determines whether the method of sale

 

is an auction and so falls outside the DSRs. Fixed price sales,

 

including ‘buy it now’ type transactions on internet auction sites,

 

are covered by the DSRs because such sales are not concluded by auction.

 

 

2.18

 

 

Sales by private individuals not acting for business purposes are not

covered by the DSRs.

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Sorry was trying to make the point that Buy it Nows are included for all but private individuals.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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also secondhand and refurbished goods are excluded from protection

 

except if not fit for the purpose or not as described or faulty

 

the story really sounds like its a private sale, and the phone was not new anyway, therefore trying to return it because you dont like it etc, is not covered full stop

 

unless the ( private ) seller clearly STATED you can return if you dont like it, returns accepted would mean for faulty / not as described , not because you changed your mind

NEVER FORGET

 

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