Non-UK seller claiming to be in the UK

thelawnet

Will ebay take action against an Isle of Man seller who is claiming to be in the UK?

custardy

thelawnet wrote: »

Will ebay take action against an Isle of Man seller who is claiming to be in the UK?

whats your issue?

Jo_F

Isle of Man is in the UK

chja

Wikipedia wrote:

The Isle of Man (pronounced /ˈmæn/; Manx: Ellan Vannin,[1] pronounced [ˈɛlʲən ˈvanɪn]), or Mann (Manx: Mannin, [ˈmanɪn]), is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Crown is represented by a Lieutenant Governor. The island is not part of the United Kingdom but foreign relations, defence, and ultimate good governance of the Isle of Man are the responsibility of the government of the United Kingdom.

Is it a problem ?

nexuss

thelawnet wrote: »

Will ebay take action against an Isle of Man seller who is claiming to be in the UK?

Is this a wind up ?

thelawnet

custardy wrote: »

whats your issue?

I bought something from a business seller by Buy It Now, and then attempted to return it under the Distance Selling Regulations, and now they are saying 'We are in the Isle of Man, UK law doesn't apply to us'. THis is despite the item location being 'United Kingdom' and seller location also being 'United Kingdom'.

People prefer UK sellers because they are protected by UK law, so I think it is taking the p1ss to be saying 'We are in the UK' when people do a 'UK only' search, but then 'We are not in the UK' when people try and enforce their UK legal rights.

Basically the seller will take a return, but says I need to pay their outboundd postage costs as well as my own (under the Distance Selling Regulations they are allowed to make me cover the cost of returning it, but they must refund all the money I paid to them). The item was also sold with free postage, although I think this is a red herring, as a seller claiming to be in the UK should abide by UK law.

chja

Fair shout.

Are you looking to return beacuse you don't like it or beacuse it is not as described - dispute may be the way to go and perhaps mention it in your negative feedback.

thelawnet

Jo_F wrote: »

Isle of Man is in the UK

Nope. It's in the British Isles - but so is Ireland. It's not in the UK, and it's not even in the EU.

So if you buy something from the Isle of Man, you will have VERY weak protection. No EU consumer protection law, nothing, just whatever law the Manx parliament has bothered to pass, which I'm guessing is probably not.

So no, Isle of Man sellers should not claim to be in the UK.

thelawnet

chja wrote: »

Fair shout.

Are you looking to return beacuse you don't like it or beacuse it is not as described - dispute may be the way to go and perhaps mention it in your negative feedback.

Bought the wrong size, and I was under the impression that as they were a UK-based business seller I would be allowed to return under DSR.

They are being very arsey about it, so I wanted to report them to ebay so they don't show up on 'United Kingdom'-only searches, because they are not.

You'd actually be better off with a UK seller drop-shipping from China from a legal perspective than an Isle of Man seller.

chja

eBay policy states that business sellers must accept returns (although it states that this is for legal reasons) - I can't see in the regulations how (if) they apply to sales to the UK by sellers outside it.

I would start a dispute in Paypal and let them settle it - I suspect they will support your return.

thelawnet

They are blaming ebay. Ebay doesn't recognise 'Isle of Man' as a country. Guernsey and Jersey are on the list, Isle of Man is not.