Problem With Seller Who Leaves Unfair Feedback

bingo_bango

missile wrote:

My point is that he is not obliged to refund buyers postage and it is unreasonable to expect that he would. Is it reall worth making such a fuss over 75P?

Actually missile...it is an obligation to refund the postage under Distance Selling Regs if the item is not as described or is faulty. As a power seller, this guy is obviously a retailer, and therefore subject to adherance of UK law. A refusal to do so becomes a breach of DSR, and a matter that can be reported to your local Trading Standards office, assuming he is a UK seller of course.

soolin

bingo_bango wrote:

Actually missile...it is an obligation to refund the postage under Distance Selling Regs if the item is not as described or is faulty. As a power seller, this guy is obviously a retailer, and therefore subject to adherance of UK law..

Be careful making that assumption, to be a power seller all you need is a turnover (not profit) of £750 per month. It is also extremely possible that a non power seller is a trader.

Soo

bingo_bango

soolin wrote:

Be careful making that assumption, to be a power seller all you need is a turnover (not profit) of £750 per month. It is also extremely possible that a non power seller is a trader.

Soo

That's true....but with 3000=+ sales in the last month, I was making the point that the seller here is a retailer.

missile

bingo_bango wrote:

Actually missile...it is an obligation to refund the postage under Distance Selling Regs if the item is not as described or is faulty. As a power seller, this guy is obviously a retailer, and therefore subject to adherance of UK law. A refusal to do so becomes a breach of DSR, and a matter that can be reported to your local Trading Standards office, assuming he is a UK seller of course.

You may be right, I understand these regs do not apply to e Bay auctions and that it is not required by eBay regs. Would you complain to trading standards over 0.75P? Do you think they would take you seriously?

Athough the seller states We are a UK, VAT registered company .... one of the largest retailers of mobile phones and accessories on eBay> many othersare not, some may be registered as a sole traders or more likely trading as private sellers. Whether this is legal, he is evading tax, avoiding VAT, in accordance with eBay rules, morally right is another question or five :rotfl:

If you check his terms as stated on his web site shop you will see "Buyer pays cost of return postage" so I would suggest he has it covered. Obviously this could be considered to be an illegal restriction, but one would have to argue this in court.

carrie483

missile wrote:

No of course not, Greensea has every right to be annoyed that the charger did not work, as I was when I got the wrong bit for my bike. My point is that he is not obliged to refund buyers postage and it is unreasonable to expect that he would. Is it reall worth making such a fuss over 75P?

It isn't about the seller sending a faulty charger - he sent the WRONG charger. Therefore the seller should refund the postage whether it be 7p or 75p.

missile

Hey look, I agree maybe he ought, but the point is he is not obliged to. As you will see if you read my previous post that lesson cost me £4.00 when I was send the WRONG screen for my bike.

Would you really complain and go to such lengths to recover 0.75postage? I don't have the time, money or inclination to go to court over a principle - life is far too short

greensea27

The 75p p&p was a bit of a red herring really - I agree it's not worth arguing about, and if this seller posted me back the correct item I had won and paid for after I returned the incorrect one he sent me at first, I would have put it down to bad luck. But when I got nothing back, no response to emails and had to start the PayPal chargeback process to get my original money back, that's when I began to get cross. And then he left me inappropriate feedback, and eBay consistently fail to respond to my concerns.......grrrrrrr

missile

Unfortunately that seems to be the norm with e Bay.

The site is populated by mostly reasonable people but a few scammers, many inconsiderate and even more jerks. Just like any town accross the country, I guess?

I hope you feel better having a winge about it. I often feel a rant is more effective than kicking the dog.

Mirtos

missile wrote:

Oh the joys of eBay.

If you check eBay terms you will see he is not obliged to refund your postage. You were being unreasonable and deserve a negative feedback. Get real, 75P is nothing. If you had bought the item from a mobile phone shop, would you expect them to re-imburse your bus fare?

I bought an item for my Motorcycle and power seller supplied wrong item. I sent it back and he refunded me. I put a possitive comment "seller supplied wrong item, but refunded promptly when I sent it back" Thus informing others but at the same time avoiding him giving me a negative strike on my 100% feedback score. I did not expect him to refund my £4.00 postage.

It was his mistake! Of course he should refund postage! If a mail order company sent you the wrong thing, you'd expect them to refund the delivery charge!

zappahey

missile wrote:

... I understand these regs do not apply to e Bay auctions and that it is not required by eBay regs.

Your understanding is flawed, it applies to all retailers regardless of selling medium.

missile wrote:

If you check his terms as stated on his web site shop you will see "Buyer pays cost of return postage" so I would suggest he has it covered. Obviously this could be considered to be an illegal restriction, but one would have to argue this in court.

His terms cannot overturn the buyer's statutory rights but, you are right, with crooks like this it would take a small claims action to enforce those rights.