Being sued for cancelling an order?

Mrs_justjohn

George666 wrote: »

Hi Mrs_justjohn I asked where in the DSR legislation does it say I must refund return postage not where on ebays help page.

I have already given you a link to a government produced leaflet from the office of fair trading (I will give it to you again...)

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

This leaflet is unrelated to ebay and states :

Returning goods

Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. 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.

If you do not include these details in the required written
information then you cannot charge anything.

I have underlined the pertinent bits

Further more it also states:

Refunds

The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.

Again I have underlined the bit that gives you more protection than ebay. Where does it state in ebays T&C's that you have to refund before receiving the goods back?

You have just made my point exactly if you remember I did say a while ago that I would like it very much if I could just use DSRs on ebay when handling returns but due to ebays terms and conditions as a seller I am not able to do this without problems for my ebay account.

Yes you did say that but I still don't get it. If you comply with ebays T&C's and NOT the DSR's then you are doing the buyers out of their legal rights to a) have a refund BEFORE returning the item. and b) their return postage costs (if you didn't state that you wouldn't pay them). If you comply with the DSR's then you are giving ALL that ebay insist on and more.

The qoute I made "the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier" comes directly from DSR legislation not from ebay with their own twist on it.
Ebay would love it if all businesses abided by their idea of DSRs as this would mean far less complaints from buyers.
As you said before ebay do not enforce sellers refunding return postage this is because they can't as it is not part of DSR legislation.

Yes it is - please READ the office of fair trading leaflet. YOu are not permitted to charge a buyer for returning an item unless you have specifically stated that you do not cover return costs

A point to note about this is that yes on ebay I have in my returns information the fact that unless an item is proven to be faulty the buyer will pay the return costs and if an item is returned to me and it is 100% ok I wll not refund return postage costs.

Yes that is in line with the DSR. BUT had you not stated that (and many sellers don't) then you would HAVE to pay return costs under the DSR. However ebay don't enforce this. Therefore the buyer has more rights if they chose to get them enforced by a court from the DSR legislation.

And before anybody mentions feedback yes I have several negatives for not refunding postage costs but feedback does not pay the bills so in reality as my feedback is still at 99.9% a few negatives that save me money do not matter and normally disappear from my first page of feedback within a couple of hours.

I agree that with that paragraph you are meeting legal requirements. Therefore in an ideal world if the neg was PURELY for not refunding postage costs on an 'change of mind' purchase then it should not be allowed to stand. However this is ebay.

About not as described disputes well all sellers know that if a buyer does not want something or in some cases has bid too much for it suddenly it is not as described and the best thing to do is accept the return and refund promptly.
Ebay always finds in favour of the buyer and there is never very much investigation put into the case, I had a claim found in the buyers favour in under ten minuets once and all the buyer had wrote on the claim was "it is not right" no other explaination just that.

I am not disputing this, but where a buyer 'suddenly' has to decide that it is 'not as described' to get what is their legal right to return it anyway, must surely prove that ebays T&C's fall short of the law. Therefore the buyer has to lie to get their refund rather than simply stating "I wish to cancel this purchase under the DSR legislation" and ebay/paypal saying...."RIght you are, the seller doesn't state that you have to pay return costs in their descriptions, so return it and we will ensure you get a full refund and your return costs back. Oh and return it in your own time as we will ensure that the seller refunds you within 30 days anyway!"

THAT'S DSR LEGISLATION!

As much as I have enjoyed trading views. I will give up if you do not get what I am saying from the above comments. I have proven the things that you have asked me to prove (and not with text from the ebay help page). Hopefully this will show that under the DSR legislation you are entitled to more than ebay give you (as a buyer).