EBAY seller rights

[hesanmp]

if i sell an item on ebay do i have a contract with the buyer or with ebay? in a nutshell i sold an item, it was damaged following collection ion person. the buyer requested a refund and ebay have given a full refund. the only explanation given by ebay re the item was it was not as described!

[dx100uk]

sorry who damaged it?

 

 

dx

[hesanmp]

hi

 

the item was collection only due to its size and weight. the item was an industrial sewing machine which had an oil reservoir. it seems that after collection which was put in the back of a builders van the oil at some stage leaked over the machine and caused the damage. it also seems that the seller tried to operate the machine knowing oil had leaked on the machine. i will also add that when the builders collected the machine they carried it out of my property and into the back of their van no oil leaked from the machine.

[dx100uk]

funny I know about these things.

 

 

it will kill the drive bands no grip

but is easily cleaned of with a streamer the relubed where needed.

 

 

pers I think ebay are wrong.

 

 

dx

[obiter dictum]

I would say your contract is with the buyer, Ebay is just a third party medium.

 

If the machine is not as described on delivery then they can do a charge back through paypal/ebay as the onus is on the seller to make sure it is delivered in a fit and usable condition

 

The problem you have is proving that the recipient was aware of the damage and continued to use the machine knowing it will cause detrimental effect on that equipment

 

You will have to claim the cost back from the people who collected the goods, that is if you told them the machinary had to be kept upright and not on its side during transportation

[hesanmp]

so do i, also buyer is a professional seamstress. it also seems now the buyer has taken the machine apart and tries to dry it somehow. before that she tried to use the machine and reported hissing sounds etc. as far as i am concerned i sold the machine and that is the end of it. i certainly don't want it back. where do i stand legally?

[king12345]

How did they pay you?

PayPal?

Was the van a courier or someone collecting for them?

[hesanmp]

hi

 

they paid by paypal. the buyer sent her own builders to collect...

[obiter dictum]

Then the liabilty of any damage will be on the people she sent (Purchaser) to collect the goods.

 

Did you tell them or the buyer the equipment must be kept upright, that is by email or text, not on the phone

[hesanmp]

one message i left was 'hi

 

i really don't think its as simple as that. the machine is attached to the motor and sits in a housing on the table. secondly when it was purchased it came on a pallet in a upright position. it might be best for you to speak to ......... first to discuss dismantling. failing that let me know if want me to find a price out for delivery as it is, i.e fully set up. secondly as a unit it is extremely heavy!!

 

they replied '

Ok I appreciate your knowledge on it. It would be a great help if you could help me sort out transport. Think I have been a bit presumptions on how easy it would be. I appreciate all your help with this.

[obiter dictum]

Seems to me you have informed them that any other reasonable person in the same position would consider it had to be transported in an upright position.

 

They arranged transport

 

The other thing in your favour is that the buyer has taken the machine apart to try and fix the problem. She should have given you the option to repair first

[ericsbrother]

collection in person is cash only otherwise crooks will do this sort of thing and get a free item.

[hesanmp]

what now, letter before court action?

[obiter dictum]

If they rejected your goods they should not have tried to fix an alleged problem

 

Shot in the foot comes to mind

 

I would contact my local law centre as we have interfering with goods and she arranged her own transport to collect the goods. That takes any liability off of you

[hesanmp]

i will now send a 7 day letter before action

[obiter dictum]

Best make it 14 days and explain why you consider yourself not liable and she is

[hesanmp]

if ebay have already ruled in the buyers favour do i still need to send letter before action, or can i just issue a claim?

[obiter dictum]

Ebay as a rule will always settle and agree with the buyer by default

 

I would send the leter before action. That way you can show you have been reasonable in trying to avoid court action

 

When you have sent that letter and waiting for a response, have a word with your local law centre and Trading Standards at the council offices

[ismylife]

If you have not already done so, print off the actual listing including the P&P tab section, your returns policy etc and print out all the personal messages on eBay and if you still have access to it, any comments made in the Resolution Centre.

[ashmk]

I know it didn't go down this way but for future reference never NEVER accept Paypal and allow collection. If you cannot prove the item was delivered ebay will refund 100% of the time. Collection should be cash or bank transfer only

[king12345]

I don't sell on ebay anymore because of the immediate refund they issue to buyers as soon as they receive a complaint.

Unless is cash on collection.

[hesanmp]

hi there is no question whether the item was collected or not, that is not disputed. are there any templates for a lba for a situation like this. i have found plenty for the buyer but not for the seller?

[irishtraveller]

collection in person is cash only otherwise crooks will do this sort of thing and get a free item.

 

 

paypal is a [problem], buyer has 3 months to put in a claim when you sell an item - paypal will just refund it from your money anyway -

 

Buyer collects in person - where is your proof of delivery - you should never accept paypal payments when collect in person - as buyer could say they got no item and then you will have to refund regardless as you can not prove it was delivered - be careful. and safe

[irishtraveller]

I don't sell on ebay anymore because of the immediate refund they issue to buyers as soon as they receive a complaint.

Unless is cash on collection.

 

Don't let one transaction put you down, they don't refund straight away im both buyer and seller sold over 100,000 items in the past year alone via ebay. I use a lot of cash on collection/delivery - as I deliver if local - I try not to use paypal where possible but never disclose my address, yet buyers can always obtain your details - you have to be careful of people with fake accounts these days - as ebay has over 9 million CHILDREN users under 18 that is a true fact.

 

Just becareful all the time, never let a single [EDIT] get to you, and always challenge it - [problematic] will not like it when their challenged - just don't be abusive as you WILL loose you account and get suspended anyway.

 

I learnt the hard way with paypal i have over £100k sitting in one account for 6 months and thats restricted i refuse to provide my id - so simply set a new one up and carried on trading and using the funds - from scratch costs a lot to get going again at first but it works .

 

you can have up to 3 accounts added to your bank... via paypal, just be careful as they link them straight away and you can also get that limited - especially when you earn over £1000.

 

I've been selling for over 10 years now and make a steady income which is my only living buying and selling... to provide for me and me family... not fancy car money but just steady income. as i dont buy thousands of pounds worth of items just the odd few cars and caravans and make money and loose a lot that way...

 

 

watch for the [causing problems] children that IS out there

[king12345]

There's a seller atm on ebay who sells gym accessories to a large scale.

I bought a gym ball and I received a piece of rubber and in the mean time he had amended the original listing.

Fortunately ebay saves the ad at point of sale and you can view it.

At least other two buyer got the same treatment and left negative feedback.

The seller offers to refund half the money and you can keep the piece of rubber.

No thanks, what would I do with it???

He then says that for the gym ball to be delivered it will take 2 months because it's out of stock, but he's got other ads claiming that it can be delivered in 3-5 days and shipped from uk.

I insisted and he gave me a refund eventually, but who knows how many buyers accepted the piece of rubber and the half refund...

Careful!