7 day cooling off period qustion

luvvlyjubbly

Hi.... my sis sells on Ebay she is registered as a business seller....only a smallish scale and been going for about 5 months.....
So need some help of the t &cs of the return policy. We have one which states in a nutshell, (this is for non faulty items, where buyer has changed mind) that it's up to buyer to pay for returning item and item will be refunded without original P+P costs.

So is this ok....
she has a buyer wanting to return shoes, buyer says too small...sold 6 pairs with great feedback....buyer was expecting full refund plus free return.....Item was Buy it now, but I accepted a best offer, ....so is that still buy it now?....and do you really have to offer a full refund inclucing all postages....on buy it now. Have only realised this today....however there seems to be so many conflicting reports.

Any help is grateful...thanks

RFW

OK
If the shoes were sold as a size 6 (or whatever) and the buyer was a size 6 and they didn't fit, then legally you have to pay for the return and issue a full refund.

If the shoes were sold as a size 6 and the buyer is a size 7 and they don't fit then the buyer has to return them for a refund and the postage refund (both ways) would be at the seller's discretion. Not sure how you would find that out though! Though you could try and offer an exchange for a bigger size and see what they say.

A sensible way forward would be to say that having sold them to several other buyers without a problem it is surprising that these do not fit, but that a refund would be issued upon receipt of the shoes in perfect condition.

Personally I'd try and get the buyer to pay for return and refund the initial postage as a gesture of goodwill.

Buy it now does not become an auction if an offer is accepted.

cyril82

you are required by law, not just ebay to allow buyers 7 days in which to cancel and return items for any reason, as outlined in the O.F.T's distance selling regulations.

However there are some protective measures for the seller, the good's must be taken reasonable care of while in the buyers possession (in laymans terms, if they break it they buy it). the buyer is responsable for the cost of returning the item and is only entitled to a refund of the purchase price not the postage cost, it is 100% at the sellers discretion whether or not to refund postage. i was suspended from ebay.

luvvlyjubbly

Mmm...well they said they were too tight at the ankles....so not sure how that works. It's just that the Ebay pages read that you can return them for any reason on a buy it now and not have to pay for any P=P either way
Yet a quick google (from a link on here)...paragraph 2 question 4, stating you are allowed to state you require buyer to pay return costs etc..Its all so confusing!!!!!!
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html

The thing is, if it is a legal requirement on a buy it now, then it's nowt worth doing them, especially on heavy shoes!
Thanks for some guidance

luvvlyjubbly

Just to make clear, a refund isn't a issue, thats fine.....it's the intial and return P+P that is objected.

cyril82

as long as you state that those postage costs are non refundable and that the buyer must return the items in your listing then you are under no obligation to refund them.

i usually refund the original postage on faulty items but if i sold a pair of shoes and the customer asked for a 6 and i sent a 6 and they asked to return them because they don't fit i would be treating that as a non faulty return.

soolin

Amazon now have a returns policy for change of mind where they no longer pay return postage. If they can do can't we ebay business sellers?

Note: if you return an item/s to us using a pre-paid, personalised return label and the reason for the return is not because of an error on our part and the item is not defective, we will deduct the cost of return postage from your refund. See Delivery Rates for Returned Items.

Hintza

Legally you need to refund the original P+P but not the return postage. But I work the same wqay as cyril, if I make a mistake or goods are faulty then I refund all including their return P+P. If they are at fault then I try and just refund the purchase price, most folk are reasonable and as long as original P+P was reasonable then I don't have many problems. You will get the odd one that wants everything. You really have to decide whether your account can stand a neg at that time..:)

luvvlyjubbly

Hintza wrote: »

Legally you need to refund the original P+P but not the return postage. But I work the same wqay as cyril, if I make a mistake or goods are faulty then I refund all including their return P+P. If they are at fault then I try and just refund the purchase price, most folk are reasonable and as long as original P+P was reasonable then I don't have many problems. You will get the odd one that wants everything. You really have to decide whether your account can stand a neg at that time..:)

If you say Legally I need to refund the original P+p, then that conflicts with what others say.....but if you are right, then for example www.bargaincrazy.com say I have to pay for my own returns, so can I insist they pay...thats just one place there are many others.
Also can anyone answer as they bought at a best off...would it still be classed as a buy it now?
I'm not being petty as we have come to an agreement....just interested in the facts etc