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business seller - no returns??

2

Comments

  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Crowqueen wrote: »
    I think we basically agree with each other, but the dispute process is designed for SNAD items rather than simple returns, so it is the very last resort as the seller could contest the dispute if the item is not actually SNAD.

    It would be wiser to threaten legal action under the DSRegs in this case so the seller sees what they are actually responsible for rather than being given the opportunity to contest the return.

    I do agree in theory. But business users who don't follow DSR probably won't agree with them when they are pointed out to them.

    I originally read the op as regards colour - as being a fault - but rereading, I am now not sure - so yes the SNAD may not be an option.

    But I am not sure if this is my translation being at fault or the OP being unclear. Just when I think I have a grasp of this language I find I don't!
  • (if i was the seller)
    i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message.

    Maybe if the seller took notice of their legal obligations and didn't have illegal T&C's then there wouldn't be any need for their customers to have to send "arsey" messages.
  • "i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message"

    Why bother giving the seller that chance when they had already stated in the listing that no refunds would be given?
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    (if i was the seller)
    i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message.

    Step 1 - ask politely for a refund
    Step 2 - if they say no, message them back with the distance selling regs information.
    Sorry, in the legal world you can't hold anyone to politeness.

    They have bought the wrong thing or something that doesn't fit. Expecting them to be all smiles is a bit naive.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • (if i was the seller)
    i'd make it as difficult as possible for you to get a refund simply because you didn't give me a chance to give you a refund before you sent an arsey message.

    Step 1 - ask politely for a refund
    Step 2 - if they say no, message them back with the distance selling regs information.

    my message wasn't arsey , i just said that i'd recieved the shoes and thank you for the quick postage but unfortuantely they weren't quite the right colour and i found them very uncomfortable when i tried them on. I said that i would like a refund but could see they said that they only did exchanges which as per the distance selling regs they are obliged to refund me.

    fair enough i think?

    I've had a reply in the early hours saying he'll refund me the cost of the shoes but not the original postage. I know it's not quite to the distance selling regs but i'm happy with that i think as it is just that i've changed my mind , there's nowt wrong with them as such.
  • Change of mind or not, you are entitled to a full refund which includes the postage costs paid.

    Some people think that this is unfair to the seller, but if they want to trade in the UK they shouldn't be allowed to pick and choose which laws to follow and which ones they want to ignore.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    I've had a reply in the early hours saying he'll refund me the cost of the shoes but not the original postage. I know it's not quite to the distance selling regs but i'm happy with that i think as it is just that i've changed my mind , there's nowt wrong with them as such.

    If you don't hold them to the law, then no-one will. They are obliged to refund you the whole amount, letting them away with it just prolongs their ability to behave illegally and irresponsibly.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • If you don't hold them to the law, then no-one will. They are obliged to refund you the whole amount, letting them away with it just prolongs their ability to behave illegally and irresponsibly.[/QUOTE]

    ok , i see your point. i'll email back and say thats not good enough and i am entitled to a full refund. If he says no m which i suspect he will then do i have to go down the paypal disoute route? what sort if case would i open as it's not an SNAD or INR?
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite

    ok , i see your point. i'll email back and say thats not good enough and i am entitled to a full refund. If he says no m which i suspect he will then do i have to go down the paypal disoute route? what sort if case would i open as it's not an SNAD or INR?
    You'd have to open an SNAD and hope they don't contest it :(.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • baffcat
    baffcat Posts: 502 Forumite
    Part of the Furniture Combo Breaker
    Not having had to open a paypal dispute, isn't there an option to say 'changed my mind' as this is exactly what the DSRs allow.

    Ebay (possibly paypal too) make plenty of mention about making sellers follow the DSRs.

    A buyer shouldn't have to pick an option that doesn't cover their real reason for returning items.
    Exclamation and question marks - ONE exclamation mark or question mark is sufficient to exclaim or ask about something. More than one just makes you look/sound like a prat.
    Should OF, would OF
    . Dear oh dear. You really should have, or should've listened at school when that nice English teacher was explaining how words get abbreviated.
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