feel awfu about the situation i have caused! what should i do!

roxy86_2

i ordered a new sofa and chair of a company on ebay (though they are not registered as a business seller) but clearer state in their listings that they have a warehouse in the west midlands where they manufacture sofas etc.

I ordered the sofa early june and paid instantly via paypal.

I had a message yesterday to say that I am on the delivery list for my sofa on saturday morning. Great i thought.

However, i have today had something crop up where i could do with having my cash back and not having the new sofa. i have messaged the seller to say this and apologised 100s of times.

However the seller says that the delivery blokes have already collected the sofa ready to deliver on sat. I have said that surely they cannot charge for something they have not delivered yet and apologised again.

My question is what should i do. i feel awful about this and whould never normally do this but as i say something has cropped up and i know need all the cash i can. Am i entitled to a refund or do i have to take delivery of the item and then sell it on myself to get back some of the money.

I am so confused as to what to do and i have annoyed the seller by requesting to cancel (and i dont blame them for being annoyed) so they dont seem to be responding to my messages at the mo.

Someone plases help!

chemical.galaxy

was the sofa made to order?

roxy86_2

no it doesnt state made to order and the listing had quantity 10 of which i bought 1

roxy86_2

the listing just says they are manufactured to the highest standard in their midland factory but like i said it states in the listing that there is 10 available so i sont know whether they are also there ready to send or whether they are made especailly.

soolin

Ordered early June so probably out of time for a refusal under the DSRs. If you are out of time on distance selling regs then they can legally persue you for the money.

I would take proper legal advice on this one personally

roxy86_2

the distance selling regs dont come into it do they as they are not business sellers (not registered anyways). i have asked them as nice as possible to cancel as i dont want them travelling all the way here with a sofa that i dont want to sign for. maybe i should message them again

soolin

roxy86 wrote: »

the distance selling regs dont come into it do they as they are not business sellers (not registered anyways). i have asked them as nice as possible to cancel as i dont want them travelling all the way here with a sofa that i dont want to sign for. maybe i should message them again

If you ar ehappy that the DSRs don't apply then you are basically saying you have no rights. Therefore you can be legally persued for the money. I was looking at the DSRs as a possible way of legally refusing the item

Crowqueen

roxy86 wrote: »

the distance selling regs dont come into it do they as they are not business sellers (not registered anyways). i have asked them as nice as possible to cancel as i dont want them travelling all the way here with a sofa that i dont want to sign for. maybe i should message them again

Not being registered as such makes no difference to their legal situation or whether the DSRs apply to them - eBay is not the law. It sounds like they are trading (buying in/making to sell on) and not registered, which is against the law - how can they NOT be a business if they have ten+ new sofas all coming from one factory?! - but the DSR regs do make the time for refusal of the items/return dependent on receipt of the item, not actual purchase date. You could refuse the goods, but whether you will be liable for the cost of their return is dependant on their T&Cs.

I hope you manage to sort this one out.

roxy86_2

sorry soolin i didnt mean to come across teasy or anything. I just dont understand it enough thats all. but that makes sense as well as like crow queen said. how would i find out about the t and cs i im liable. I have told them today so that they dont waste their time and money sending the sofa to me but they seem to be ignoring me now.

roxy86_2

shall i send a link of the listing so you can see it for yourselves?

halibut2209

I agree with crowqueen. eBay does not decide who is and who isn't a business. And it's pretty clear that this IS a business and the DSRs DO apply

And just to reiterate, the 7 day period covered by DSRs begins the DAY AFTER RECEIPT. So it doesn't matter when the sofa was ordered.