Business or Private?

Mrs_justjohn

d.ross wrote: »

The point I was making was actually the other way around. Ebay/Paypal may find not in favour of the buyer using their own judgement. However legal obligations of business sellers override ebay's opinion. So a buyer gets more protection if the seller is a business.

But Ebay/Paypal not finding in favour of the buyer is not related to whether the seller is business or private. It is down to whether they believe the item was SNAD or not. If the buyer loses a dispute they can use the legal route to get a refund under the DSR. A court will take no notice of a sellers 'private seller' status on ebay if they are clearly a business.

bylromarha

OP - report them to ebay.

I did this day after day with one of my competitors. Ebay must have got hacked off as they finally got the competitor to change to a business account.

One or 2 bits which are obviously bought to sell on a private account you let it slip, but when it's hundreds of items. The listing you've identified, they even refer to their "customers"! Report the seller to ebay again and again and again - it's the only solution you can go for that will level the playing field.

macfly

I just don't see how it levels the playing field. Nothing really changes.

Mrs_justjohn

macfly wrote: »

I just don't see how it levels the playing field. Nothing really changes.

Except the seller can get a shop and list more for less.....LOL

Just cos the 'private' seller then becomes a 'business seller' doesn't mean they will start paying the tax everyone is so sure they are avoiding or stop claiming the benefits that people are so sure they are claiming.

Business sellers masquerading as private sellers ON EBAY are not avoiding any obligations (as long as that is the only lie they are telling....LOL)...Except for having to show their business details etc...in their auctions.

soapyjoe

Thanks for everyone's comments, it's been interesting to hear others opinions of this.

It's not actually a competitor of mine (totally different items to mine but I am a legit tax paying business seller), just someone who came up in a search when I was looking for door handles a couple of months ago. So I'd have nothing to gain in them being made to declare as business. But I've read of people on here being stopped for selling too many personal items which were in fact genuine and wondered how this seller is ever getting away with it and why they wouldnt come clean if they didnt have a motive to hide.

Anyway, it's been interesting to hear from you all.

d.ross_2

Mrs_justjohn wrote: »

But Ebay/Paypal not finding in favour of the buyer is not related to whether the seller is business or private. It is down to whether they believe the item was SNAD or not. If the buyer loses a dispute they can use the legal route to get a refund under the DSR. A court will take no notice of a sellers 'private seller' status on ebay if they are clearly a business.

Yes it does. This is because with a business seller ebay have to take drs's into account.

Mrs_justjohn

d.ross wrote: »

Yes it does. This is because with a business seller ebay have to take drs's into account.

But they don't that is my point.

I am a business seller and I have had a SNAD dispute started and the buyer simply said..."I don't want this item can I send it back". It was 5 days after they bought the item. Ebay found in my favour even though under DSR regs I should have been legally obliged to accept the return. They stated that the item was accurately described and therefore found in my favour. The buyer would have had to force me to accept the return by using a legal route outside of ebay.

They obviously did not have to do this as I emailed them and told them to simply return it and I refunded, as I do uphold my responsibilities but the fact is ebay do not force sellers to!

Mrs_justjohn

Further to my last post. Ebay's help pages ACTUALLY state that a seller may win any dispute where the item was accurately described but the buyer did not want it or it was not as expected. Ebay do not enforce or uphold the DSR's. A private seller who is really a business seller has no more protection from ebay under DSR's than a registered business seller -as Ebay do NOT enforce DSR.

Siginificantly Not as Descried or SNAD
For SNAD cases, sellers may be protected from losing a case if they provide clear documentation that the item was described accurately and consistently throughout the listing and all associated communication. For example, cases may be resolved in the seller’s favour when the seller provides documentation that:

• the buyer complains that the item is used, not new, and the listing and all associated communication clearly describe the item as used, or
  
• a defect in the item was correctly described by the seller, or
  
• the item was properly described, but the buyer didn't want it after they received it, or
  
• the item was properly described but did not meet buyers' expectations, or
  
• the item has minor scratches and was listed as used condition
  

d.ross_2

Mrs_justjohn wrote: »

But they don't that is my point.

I am a business seller and I have had a SNAD dispute started and the buyer simply said..."I don't want this item can I send it back". It was 5 days after they bought the item. Ebay found in my favour even though under DSR regs I should have been legally obliged to accept the return. They stated that the item was accurately described and therefore found in my favour. The buyer would have had to force me to accept the return by using a legal route outside of ebay.

They obviously did not have to do this as I emailed them and told them to simply return it and I refunded, as I do uphold my responsibilities but the fact is ebay do not force sellers to!

That's because they were trying to return it for the wrong reason. They were returning it 'not as described' rather than just because they had changed their mind. You have to be very specific with ebay.

Mrs_justjohn

d.ross wrote: »

That's because they were trying to return it for the wrong reason. They were returning it 'not as described' rather than just because they had changed their mind. You have to be very specific with ebay.

So there is a dispute you can start when you have just changed your mind?

I thought there was only two - Significantly not as described & Item not received. What is the other dispute and where do you find details of it?