eBay Buy It Now and the Distance Selling Regulations

[BlissC]

I know the Distance Selling Regulations apply to Buy It Now items on eBay, but is that just for business sellers, or are all BIN sales covered.

 

I recently bought a large poster frame from an eBay seller using Buy It Now, but it only arrived yesterday, a week after the event I needed it for. I bought it just over 2 weeks ago, but from the postmark it seems it was only posted this last Monday, over a week after I bought it. (The packaging was also apalling - just a single layer of thin bubble-wrap, and part of it isn't even covered by the bubble-wrap.

 

The seller stated that items would be posted within 2 days, and stated "no returns", but from what I've read on the eBay help pages, they can't actually say that under the DSR.

 

I'm not quite sure where I stand on this one.

[noomill060]

Is it damaged?

[BankFodder]

Only applies to business. However, don't just limit your attention to whether or not they are an eBay trader. Check the buying/selling history of the seller. It will soon be clear whether they are trading or they are just private sellers.

 

If you are going to sue them then print out their feedback history to show a court that they are actually traders.

Also, in an eBay dispute, point out to eBay that they are trading even though they have not informed eBay

[BlissC]

Is it damaged?

It doesn't appear to be damaged (though I haven't actually taken the bubble wrap off).

 

Only applies to business. However, don't just limit your attention to whether or not they are an ebay trader. Check the buying/selling history of the seller. It will soon be clear whether they are trading or they are just private sellers.

 

If you are going to sue them then print out their feedback history to show a court that they are actually traders.

Also, in an eBay dispute, point out to eBay that they are trading even though they have not informed eBay

 

Thanks for the tip. I suspect it is a trader. The listing said there were more than 10 available, and although they don't have much feedback, for a couple it's the same item that the rating's been left for. Also, for the item I bought, the item description clearly states "sale is for ONE unit although we have many in stock", which isn't the kind of thing a private seller would put!

 

I guess I can try contacting the seller and see if they'll accept a return (mentioning that I suspect they're a business) and give them the opportunity to play nice before I leave a negative rating or contact eBay. With a feedback score of only 15 I guess a negative feedback would rather impact on their feedback reputation! I guess I really should have checked the listing out more thoroughly before buying! I've been using eBay for 7 years, so it's not as though I don't know what to look out for! I've just been lucky in the past though that I've had no problems with sellers.

[Kraken1]

yes they only apply to businesses, and it would seem that you bought from a business. The dsrs actually say acting in a 'professional capacity' and these chaps seem to fit the bill.

[buzby]

I donlt make the same connection Kraken does. Selling items in quantity is no confirmation that he is a trader, the only thing that should guide you is to look at the sellers eBay profile. Is he REGISTERED as a business trader? If so, DSR will apply. If not, it will not.

[My Real Name]

The OFT guidance state that the DSRs are applicable to suppliers, whereby a "supplier means any person who is acting in a commercial or professional capacity".

[buzby]

Great for the OFT. How do they propose the OP proves this? In an eBay trader (and registered as such) it is a slam-dunk. Otherwise, he'll be whistling in the wind.

[My Real Name]

Not being registered as an ebay trader does not preclude the seller from acting in a commercial or professional capacity. The DSRs could still apply. But, as you state, showing this could be particularly difficult.

[buzby]

It is actually quite difficult to stop eBay 'upgrading' your account from private to business. If the amount of sales starts to peak, you get targeted, so if you reach sales of over £1000pa, then they are likely to switch you.

 

So if eBay has the seller as private, he probably doesn't have the sales to justify it, with the result making the leap to a business/DSR/SoGA protection ultimately fail.

[Kraken1]

it might be troublesome to prove, but so is alot of stuff. there is a fair bit of precedent in the area, especially from the motor trade. Generally the courts look at the frequency and type of transactions to determine if a seller is a business or not. What ebay, or the seller says is fairly irrelevant.

 

"supplier means any person who is acting in a commercial or professional capacity" is actually a quote from the dsrs.

[buzby]

A poster seller....? They'd need to sell a ton of posters to get tto that limit!