Ebay and consumer Contracts Regulations 2013

[robthebuilder]

Hi guys. Here is an interesting one for you that I would appreciate any help in clarifying.

 

In short, I purchased a buy-it-now item on Ebay. The seller is a business. Before I paid the seller contacted me to increase the cost of the postage (I do not live in Highlands or anywhere like that). I did not agree with this and when he followed up with a rude message, I chose to not proceed.

 

So, I messaged the seller and politely told them I would not proceed and requested they simply cancel the sale. They refused. They then re-listed the item immediately AND subsequently opened a non-paying bidder case.

 

Now this is where I would like clarification. Unless I am mistaken, the Consumer Contracts Regulations 2013 allows me to cancel within 14 days following the day of delivery. There is no beginning point, just an end point - 14 days following the day of delivery. So I could cancel now, tomorrow or any point up to that end point. I chose to cancel immediately as said.

 

There was no payment made and thus the item was never sent.

 

Again, unless I am mistaken it is an offence for a business to attempt to discourage a consumer from cancelling. Indeed I successfully sued Plusnet last year when they tried just that.

 

And this is where it gets interesting - Ebay happily open the unpaid case, which by definition puts me under pressure to pay even though I do not want to proceed. Do not worry, I will not pay but some would.

 

So, can anyone please confirm if Ebay business sellers are exempt from the CCRs (I don't expect for a moment that they are) or if Ebay are technically aiding and abetting breaking the law by allowing business sellers to try to talk consumers out of cancelling by threatening detrimental action on their buying accounts if they do not pay.

 

Whilst Ebay do think they are a law unto themselves, business sellers in the UK must comply with CCRs and do not have exemption when using Ebay. Unless you know otherwise?

 

Many thanks

Rob

Edited September 20, 2016 by robthebuilder

[BankFodder]

Interesting question.

I am quite sure that the rules relating to cancellation of off-premises contracts apply to eBay sales.

 

Furthermore, as it appears that your seller attempted to change the terms of the contract by increasing the delivery cost, this also would be a basis for terminating the contract.

 

I would suggest that you let eBay know that this is a contract which is subject to the rules contained in the Consumer Contracts Regulations 2014 and as such you are simply exercising your entitlement to cancel within 14 days. Inform eBay that if they prevent this, that you will report them to trading standards.

[robthebuilder]

Thanks BankFodder. I already did that and they played the usual Ebay card 'It is in our terms blah blah', to which I pointed out that their terms cannot override the law. They then backed off and said to contact them again once the non paying strike has completed and they will remove it.

 

This effectively means that Ebay will back down, but that business sellers can attempt to illegally persuade consumers to waive their legal rights.

 

Anyone else?

Edited September 20, 2016 by robthebuilder

[hightail]

If the seller wanted to change the total price including delivery costs and didn't therefore accept the buyer's offer was there ever a contract?

[ericsbrother]

you have your remedy so no damage done. You are right about the law but many business sellers on ebay are really just amateurs buying stuff in China and reselling without knowing anything about busines and ebay, being based in the US, doesnt apply the law of the land of the country in which it operates to its terms. This means that explaining things to a customer services agent in the Phillipines doesnt usually result in getting the matter sorted first time round. The naswer lies inyour own hands, as you have found out but it is a pain and a waste of time.

The real problem is that ebay will not say or do anything to educate of make the seller comply with the law.

Thanks BankFodder. I already did that and they played the usual Ebay card 'It is in our terms blah blah', to which I pointed out that their terms cannot override the law. They then backed off and said to contact them again once the non paying strike has completed and they will remove it.

 

This effectively means that Ebay will back down, but that business sellers can attempt to illegally persuade consumers to waive their legal rights.

 

Anyone else?

[robthebuilder]

You are of course all quite correct in your observations.

 

Ebay has become a really bad place to buy items from businesses (at least in the UK). I bought a dashcam last year that was supposedly 1080p. On investigating it was actually 720p and was a counterfeit item. Ebay give the initial response of 'we do not tolerate counterfeit items' but the reality is that they very much do as that seller is still selling the same item a year later.

 

Bottom line is Ebay will turn a blind eye so they can keep raking in the fees and dishonest sellers are cashing in on the fact.

[BankFodder]

We've had a press contact about the story. Would you be prepared to speak to a journalist about this? I think it will be very helpful to you and also to other eBay customers if you would.

 

Please would you send your contact details to me at our admin email address. Email – not private message. Please include a telephone number and I will pass the details directly onto the journalist.

 

Thanks

[robthebuilder]

We've had a press contact about the story. Would you be prepared to speak to a journalist about this? I think it will be very helpful to you and also to other eBay customers if you would.

 

Please would you send your contact details to me at our admin email address. Email – not private message. Please include a telephone number and I will pass the details directly onto the journalist.

 

Thanks

 

No, sorry.