ebay return 'handling'fee?

katie85_2

I bought a dress from a business seller on Ebay last week. The dress arrived, but unfortunately did not fit. The seller was very friendly and agreed to a refund, but told me that I would have to pay a £3 'handling' fee.I know it's not much but are they allowed to do that?it's not like shops in the high street charge any kind of fee for a return. Thanks!

edit- their returns policy states 'Where free postage was offered a 20% handling charge will be deducted from the total'- so is this handling fee to cover the original postage they paid?

4743hudsonj

katie85 wrote: »

I bought a dress from a business seller on Ebay last week. The dress arrived, but unfortunately did not fit. The seller was very friendly and agreed to a refund, but told me that I would have to pay a £3 'handling' fee.I know it's not much but are they allowed to do that?it's not like shops in the high street charge any kind of fee for a return. Thanks!

edit- their returns policy states 'Where free postage was offered a 20% handling charge will be deducted from the total'- so is this handling fee to cover the original postage they paid?

Providing they are a business seller, they must abide by Consumer Protection (Distance Selling) Regulations 2000.

This gives you the right to notify your intention to return goods for any or no reason up to 7 working days the day after delivery for a full refund including original postage.

The DSR's also explicitly state that sellers are not allowed to charge restocking fees and doing so puts them in breach of their statutory duty.

However, sellers are allowed to enforce that you pay return postage, if and only if they state in a durable medium before the sale.

Now ill put the legal bits in a sec, but if shes paying for return delivery, its perhaps just easier to let it go and just think of it as you paying for delivery.

If however she want you to pay but, here are the legal bits from the office of fair trading's guide to businesses on how to comply with the DSR.

Just refer her to the two sections 3.48 & 3.55 (half way down the pdf)

State you wish to exercise your statutory right and receive a full refund, and if she fails to comply write a recorded letter titled letter before action giving her 7 days to comply before you start court proceedings.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=C281F19B26CB8B42AF9406081DCD8CFC

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.

cyberbob

4743hudsonj wrote: »

This gives you the right to return goods for any or no reason up to 7 working days the day after delivery for a full refund including original postage

No your incorrect here you have 7 days to inform them that you wish to return the item not 7 days to return the item.

Get your refund then report the seller as a Non performing seller as they are not allowed to charge handling fees then leave appropriate feddback.

Your other option is to open an item not as described dispute as long as you can give a valid reason the item was not as described you can the add your tracking number showing the item was returned then paypal will force them to refund your FULL original payment.

4743hudsonj

cyberbob wrote: »

No your incorrect here you have 7 days to inform them that you wish to return the item not 7 days to return the item.

Get your refund then report the seller as a Non performing seller as they are not allowed to charge handling fees then leave appropriate feddback.

Your other option is to open an item not as described dispute as long as you can give a valid reason the item was not as described you can the add your tracking number showing the item was returned then paypal will force them to refund your FULL original payment.

Sorry, knew that just worded it wrong. Cheers for pointing it out.

dfh

Lots of wedding dresses bought off ebay that do not fit.

unholyangel

dfh wrote: »

Lots of wedding dresses bought off ebay that do not fit.

Assuming (and thats all it really is as it hasnt been stated explicitly) the £3 is 20%, that makes the dress £15.

A wedding dress for £15 would be a bargain, even if you had to pay for alterations.

A decent wedding dress would probably run you around £500+ in a shop.

The_Pedant

Just one addition, the sale would only be covered by the DSR if the sale was a 'Buy it now' sale, and not an auctioned item.
I know most business seller's sales do use them, but I just wanted to confirm.

Under the DSR any auction sales where you bid for an item, are not covered.