Buy doesnt need item and wants to return

BlueCow1975

I don't think that you deserve a negative as you have been more than accommodating! If she has changed her feedback to private for all listings etc it does make me wonder if she has actually purchased another wedding dress and does not want you to see it!!

hermum

You can see what else she's bought in the advanced search, search by bidder.

mixtrixx

Hi, you'll have to forgive me if anything mentioned in this post had already been stated, but you pretty much have no real obligation to accept a return. Firstly, (and as someone mentioned earlier, you actually made potential buyers aware in that you do not accept returns, so your not being misleading in any of your selling description.

Aswell as that, You are a Private Seller, selling a Second Hand goods. Only companies \ business sellers have to include a return option, and even then would apply mainly to Goods that are advertised as being "New". The seller will then have to allow the buyer 7 days (from date the item was received) in order to fully inspect the goods to make sure that it is fully working, or at least matches the description \ picture of goods if one is provided. IE using the item you listed and sold as an example, it would be possible for the seller to return the wedding dress regardlesss of whether there was actually anything wrong with the item or not, and do not even have to provide a reason as to why they want to return it, and if the buyer requests a full refund, they Seller has to fulfil the buyer's request. The only thing a business seller may do, would be to offer a full refund, minus costs that would be incurred to make up the for the fact that the item (if worn) would now be considered as 2nd hand, as even if it's not even been worn, but the packaging has been removed, lost or damaged, then they would be at a loss if they did not with hold a certain (Small) percentage of the amount you actually get refunded. It's possible that P+P costs are none refundable too, if the item returned has no visible imperfections, marks, etc, as only P+P will be included in the refund with the cost of the goods if the item was received as a damaged or faulty item. This will obviously be a lengthy process, especially if it's a small postage fee, and would probably do better off seeking compensation from the courier used if you and the seller are being fully honest with one another.

There's no real reason why the seller should try to leave you neg feedback purely because you wish to exercise you terms and conditions which were there to be read by all potential buyers before entering into a binding contract.

Like you say, Neg Feedback could be a possibility, especially when your dealing with clueless people who don't take time to read information that's made available on ebay's site with regards to the rights of both Buyers & Sellers.

To finalize I should not worry, just try to explain politely, and if they don't accept your decision, just take the case to eBay if they try to leave neg feedback, as eBay will have to remove the negative feedback once they see the evidence. It wont take long for eBay to make a decision in your favour anyway, so don't be afraid to be firm, but politeness may soften a potential future buyer who may have had a legitimate reason to want to return the dress, as they were obviously drawn to your item, and chances are if it was a good price, you'll probably of been added to their favourite sellers list.

Good Luck

PS: If you want to direct the buyers attention to your rights to refuse the return, then tell them to Google search "On-line Distance Selling on Auctions" & Tell them you come under the "Private Seller ruling", and are not trading as a Business Seller. That will pretty much explain it all to them, it's just whether they have the decency to look it up before kicking off lol.

soolin

mixtrixx, this is an ebay sale so the problem of paypal agreeing to a SNAD claim must always be considered. If you read the thread you will see there is a real possibility that a refund would be given anyway. Appealing to ebay would make no difference if buyer claimed item was SNAD.

AS for your understanding of the DSRs, they are not strictly correct even from a business point of view. A business seller cannot, for instance, retain any of the original cost price on the basis the item cannot be resold. A business seller must also return the initial postage costs, again they have no say in this matter.

mixtrixx

soolin wrote: »

Buyer does not have to damage the dress to get a return, they merely have to say to paypal that it is not as described- and paypal will almost certainly tell the buyer to return it for a full refund.

Wrong - She is a private seller, not a business trader, that's why there is an option to remove the option to allow buyers to send returns to "Private Sellers" if it's not otherwise stated by the "Private Seller".

The fact that everyone uses different monitor\tv colour settings due to personal preference, would not be a major issue unless the pic was taken with a low resolution camera which was slightly out of focus abd taken in a poorly lit room, then as long as this was made known, and the item's actual colour was specified along with a short disclaimer to make the buyer aware that the item will not be accepted in the case in which the buyer wishes to send it back as it was not the colour it appeared to be in the picture..

As for Private Sellers who sell items at any cost (regardless of how much they put on for the postage) I see alot of private sellers charge ridiculous P+P fee's for items they send which aint even via recorded delivery. Therefore, not sending the item as recorded post, means the seller has no receipt to confirm it was (and had) actually been posted & received by the recipient. However, anyone could turn round and file a claim for not receiving the goods, the seller has no postage certificate to provide as evidence on their par, and the courier has not received a signature after delivering the item.

So, who wins? If both buyer and seller had 100% DSR's, either ebay or paypal will almost certainly end up re-imbursing the seller, rather then having both Seller & Buyer escalating the case above ebay and paypal due to not being able to resolve an issue where the was no evidence to suggest the item was even post and or received

Result? Buyer get's goods for free & and given a refund, the seller will be given a refund as a gesture of goodwill, rather then have the hassle of taking on two individuals where they could not make a successful decision as to who's favour they place their decision with.

Even if the seller went down the route of blaming the courier, where they could of lost the item, the seller would be required to fill out a compensation form, in which 9 times out of 10, you'll never see any money back as they will also require the seller to provide proof of postage.

LOL Dependant on how much the item was, the only chance a seller has of seeing anything back (if at all) would be by popping into the P.O where it was posted, and having the Security Camera Video Tapes scanned, that would say you did post the item, and hope you can clearly see the staff member handing you a receipt, which then you at least have something to work with.

So then the seller now goes through a long process in order to find out if they will receive anything, hardly worth all that time and hassle , as I doubt you'll get a result you want.

The main point of my post is that Private Sellers fall lucky in that they are not subject to the same requirement as a Business Seller when it comes to a seller getting their money back with ease, but when a Private Seller sells something of value and states no returns will be accepted, but fails to send the item via recorded delivery, then the Seller will always loose out, and the buyer not only keeps the goods, but get's a refund, regardless of whether it's at eBay or Pay Pals expense, where the seller is left having to accept that they are not going to get the item back, and possibly a long wait on whether or not that will receive any reimbursement through either eBay, Pay Pal or the Postal Service.

scheming_gypsy

xjoannexxx wrote: »

when i hcecked her feedback last night its set to private so i am fully expecting a neg

does that mean you can't leave feedback or just can't read it?

if you can still leave it and she leaves you a negative, just leave her "it's no wonder you got dumped". Childish i know but it's always nice to have the last dig

soolin

mixtrixx, regardless of legal DSRs ebay and paypal can enforce their own requirements that give buyers more protection. Hiding behind DSRs is never a good idea when faced with a posisble paypal claim.

As for the rest of your post I'm not entirely sure I follow what you are saying? There has been no issue here of non delivery, nor will ebay/paypal mediate in any formal way between the two parties.

mixtrixx

soolin wrote: »

mixtrixx, this is an ebay sale so the problem of paypal agreeing to a SNAD claim must always be considered. If you read the thread you will see there is a real possibility that a refund would be given anyway. Appealing to ebay would make no difference if buyer claimed item was SNAD.

AS for your understanding of the DSRs, they are not strictly correct even from a business point of view. A business seller cannot, for instance, retain any of the original cost price on the basis the item cannot be resold. A business seller must also return the initial postage costs, again they have no say in this matter.

The fact that it comes from eBay is irrelevant unless it came from a store selling goods as a trading business on ebay itself.

Here's eBay's information as to Online Distance Selling Rules based on goods being sold by Private Sellers.

"The DSR's do not apply to private sellers, so for those of you that sell unwanted items as opposed to buying to sell you are not legally obliged to abide by the DSR's. You do not have to offer returns or a 7 day cooling off period"

Source Site: http://reviews.ebay.co.uk/Distance-Selling-Regulations-And-eBay_W0QQugidZ10000000000140381

Oliver14

mixtrixx wrote: »

soolin wrote: »

Buyer does not have to damage the dress to get a return, they merely have to say to paypal that it is not as described- and paypal will almost certainly tell the buyer to return it for a full refund.

Wrong - She is a private seller, not a business trader, that's why there is an option to remove the option to allow buyers to send returns to "Private Sellers" if it's not otherwise stated by the "Private .

Have you ever actually sold on ebay. ?It makes no difference if she is a private seller or not. If the buyer opens a SNAD on paypal the seller will have to refund
U

soolin

mixtrixx wrote: »

The fact that it comes from eBay is irrelevant unless it came from a store selling goods as a trading business on ebay itself.

Here's eBay's information as to Online Distance Selling Rules based on goods being sold by Private Sellers.

"The DSR's do not apply to private sellers, so for those of you that sell unwanted items as opposed to buying to sell you are not legally obliged to abide by the DSR's. You do not have to offer returns or a 7 day cooling off period"

Source Site: http://reviews.ebay.co.uk/Distance-Selling-Regulations-And-eBay_W0QQugidZ10000000000140381

You are still ignoring the issue of a SNAD claim. If you have ever sold on ebay then you would realise that buyers also know how to use the system, and do not hesitate in making a claim for SNAD if they feel that is their only way of getting their money back.