help with returns policy

Sid_Wolf

I need a good returns policy for ebay (and my website), i've read some but my issue is that what im selling isnt generic

Each item is made to order, and i'd like to offer my cutomers some cover for 3 (maybe 6?) months for general wear and tear, but as they are dog products I need to ensure that my policy excludes stuff like being chewed (thats wear and tear in my house, but i refuse to cover it! lol)

Can anyone help me write something that covers me and that complies with DSR? Pretty please??

the_lunatic_is_in_my_head

When you say made to order is that a generic item you make once an order is placed or an item that is specifically customised to the customer's requirements? This will affect whether the DSR regs apply

You aren't under any obligation to cover 'wear and tear' only a fault so anything you offer should be OK but you'd need to make it clear as people's general idea of wear and tear will differ.

Regarding faulty purchases, just state customers may return them for a full refund including return postage or replacement and return postage if preferred. Personally I don't state a time-frame for faulty goods but do state that any goods return which aren't faulty will be returned at the customer's expense.

Crowqueen

Business sellers, which you will be, are responsible for faults up to six months after purchase (burden of proof that it is not buyer misadventure is on the seller) or after that up to six years (buyer proves goods were inherently faulty). This is regardless of whether the DSRs apply since it is in the Sale of Goods Act which apply to all commercial sales.

The legislation is due to tighten up from 2013 so check that the DSRs still won't apply to custom-made (i.e. as Ludo says, made to customer specifications, not just made to order) items then. If I ran a business I'd be reinforcing now or at least doing checks as to whether the new regs make it viable for me to continue. They will certainly apply to online auctions so bear this in mind.

I suggest you get advice from somewhere like the OFT or Trading Standards as people here are not always talking from the perfect legal standpoint. I'm not saying Ludo is incorrect, but not many of us here are actual consumer lawyers so to be legal as well as reasonable you may have to consult the proper authorities or at least read their guidelines on the various pieces of legislation governing online sales.

From an eBay viewpoint, I would be hesitant about selling things made-to-order. Buyers have very high expectations of dispatch speed, and to be blunt people who make to order are often unable to fulfil the timescale buyers dictate. eBay is not an appropriate venue for everything so you have to take into account the eBay feedback system and whether or not you can satisfy it.

There are other sites out there geared towards craftspeople (look at Etsy or Folksy), for example, which may be more reasonable regarding dispatch because more of the items there are made to order. Still no guarantee of course but eBay is very difficult for craftspeople who make-to-order to sell on and I would be foolish not to warn you about it.

What you're asking to do is a guarantee, and you can enhance consumer protection over and above what the actual regs say. Fit for purpose issues are in the SOGA and might cover your buyers anyway. The DSRs cover change-of-mind refunds. The period in which a buyer can demand a change of mind return (notify of wish to cancel the sale, not return the goods) is due to rise from 7 days to 14 days in the new round of legislation.

However, it is important you get some actual legal advice; a forum is no substitute for this.

Sid_Wolf

Thanks guys, yea I agree that maybe ebay is not the best place, I've sold 3 (to the same person) but the buyer was a friend who just ordered through there for ease.

Currently my main selling place is pet forums, and then my website, which so far has had no advertisement except word of mouth I do have some flyers which I plan to put up over the next week or so, in vets, groomers etc

Maybe it is best to stick to what I'm doing now, ebay has some interest but no buyers so far, maybe they are put off by knowing they may have to wait, I guess people on ebay want something they can just click and have, without having to think about the different options.

Yes the products are completely made to order, to the size I'm given, and its customisable, does this make a difference to DSRs?

the_lunatic_is_in_my_head

If your items are made to a customer's specific request then you do not have to accept change of mind returns (some sellers abuse this, for example by selling a standard design T-Shirt but saying it's custom made because they only burn the transfer to the shirt when ordered, which is incorrect) but must still accept returns for faulty/mis-describe goods.

The OFT guidance on the DSR regs is here;

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

It may seem a lot of info but a lot won't apply to you, if you take half hour to read everything and absorb what applies to your type of business it should be easy to get to grips with.

With eBay and customer expectations, a lot of my listings state 3 days for dispatch so if some orders on a Friday evening, sometimes it may not be sent until Wednesday but I'm fine for TRS, this is however based on volume and being rated over 3 months and as I sell DVDs a lot of people are used to slow delivery from Jersey and Guernsey with the big retailers. How your customers would rate would depend on their general expectations when buying that type of product, but clear (and polite) listings and the same with comms can steer you away from feedback issues.

Crowqueen is certainly correct in that only Trading Standards can give completely concise advice on what is right or wrong but the OFT website has a lot of info on. As long as you don't copy the returns policy of other eBay sellers you should be fine, most don't have a clue!

Crowqueen

For things that will take more than three days to turn-around - and take into account busy periods when you might struggle to fulfil orders - then eBay is not, sadly, your best choice. There was someone here a few weeks ago complaining vociferously about this, but much of the advice he was given was "eBay is not the place to sell then". It gets results for sellers of pre-made widgets, but it is by no means the be-all and end-all of internet commerce.

When I buy DVDs, I'm used to the standard Amazon set for their sellers, which means inside a few days, maximum a week but preferably much less than that. Yes, some people do ship from Jersey or Guernsey, but Amazon also hold sellers to very rigorous standards (what some people seem to forget when people fulminate against eBay's restrictions on poorly-performing sellers) and sometimes it's just not worth it. You have to take into account the lowest common denominator when you sell.

Good luck in finding something suitable but I'd be wary of eBay as a blanket solution to all your woes. Maybe you need better targeted advertising and to get your items in stores - those that don't need customising. Or build up a stock of generic items and sell that line on eBay, whilst putting flyers advertising your own leaflets into eBay items. eBay don't like you using their site to advertise yours, but there's nothing stopping you using your paper literature, flyers (since T&Cs must be available in a durable format, they need to go on your invoices/receipts) and so on to promote your site there.

the_lunatic_is_in_my_head

eBay don't like you using their site to advertise yours, but there's nothing stopping you using your paper literature, flyers (since T&Cs must be available in a durable format, they need to go on your invoices/receipts) and so on to promote your site there.

eBay is full of flashing off-site adverts, sponsored links, sellers with web addresses in their listings and sellers shipping thousands of orders via Amazon and other retailers eroding eBay's customer base.

I've never seen a company that spends so much money on keeping customers (i.e buyer protection, no fault refunds, expansion of telephone support, etc) only to allow both themselves and others to sneak these acquired customers out the back door.

(since T&Cs must be available in a durable format, they need to go on your invoices/receipts)

Durable format includes email, fortunately there isn't an obligation to provided a printed copy of the cancellation rights. You can of course include flyers and the best way to get a customer to take note of that is a promo code for your own website giving them a discount (along with fantastic service in the first instance).

OP if you want to try eBay and you get kicked off, so be it, what have you lost? If you do try eBay the best thing you can do is get yourself rated over 12 months (by selling more than 300 items within 3 months) and padding out any low score for custom made items with non-custom made items, of course this is going down the road of stuffing parcels all day which may not suit your business.

If your eBay listings are very clear and most importantly your comms are polite, factual and informative you can do well.

For example, if a customer has had to wait 3 days for dispatch I had to the dispatch note.

We are pleased to confirm this order has been posted within the time-frame promised on our listing (3 days excluding weekends).

It's an attempt to put a positive spin on a point they may otherwise be unhappy about. Comms is the key, it won't solve every problem but it certainly helps maintain a decent feedback profile.