Buy doesnt need item and wants to return

hermum

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

Whether the OP has a legal obligation to accept a return is totally irrelevant, she sold on ebay & accepted payment by Paypal.
The buyer could open a SNAD dispute, using any excuse. The seller would then have to refund on return of the item.
If it were a 99p item, she could try her luck with a dispute, but it's £500, so really best to try & keep the buyer onside & agree to a refund when she receives the dress back.
She may avoid neg FB & won't have an opened dispute to count against her account.
Doing it this way is just cutting out the middleman.

soolin

I'm sure if we asked a number of sellers on here could put their own stories up. A good few years ago for instance before the DSRs even came in use on ebay I lost a SNAD claim as buyer bought a green belly dance hip belt from me and complained to paypal that she wanted a blue one- and she won the claim.

cestlavie

sadly agree with majority - whether you state no refund or not is irrelevant as ebay/payapla side with buyer and she can shout "not as described" and shaft you. clearly she wanted to try it on, decided it wasn't for her and wants to return it. (or, even more cynically... got married in it that day and wants to return it! ) either way, demand registered postage return before refund and am sorry for your bad experience.

comic_sans

this incident, and probably many others on here which i havent read is a good indication of how unfair ebay can be.

because the balance is so firmly adjusted in favour of the buyer, the can demand what they like with virtual impunity (excuse the pun)

this is not a buyers V sellers argument, but i believe all the changes of the ebay system have done is to turned the unscrupulous sellers on ebay into unscrupulous buyers. in other words, it hasnt stopped scammers on ebay, just changed the way they commit their scams.

the honest ebayer is the only one that loses out

soolin

Whilst it seems harsh the fact that buyers have so much protection is why ebay continues to grow . Sites need buyers and without them we sellers might as well give up, so if ebay makes a buyer feel safe then ultimately that benefits sellers.

I list on a couple of other sites where the people are helpful, the sellers fees are lower but where there are no buyers at all- so I know which I prefer.

comic_sans

ebays growth can not be put down solely to buyer protection, but i do agree it is a good thing.

the point is that people are now manipulating this buyer protection, so the actual protection itself can be used as a tool, that is what is unfair. that has nothing to do with creating a safe market place, and everything to do with people abusing the system as always.

however, i am realistic, and i know this is always going to happen, i wont be stopping using ebay.

but, the problem is being perpetuated by people offering the advice to accept a return as in this situation. The buyer may go and try this again seeing as it was so easy the first time.

and before anyone says it, yes i know that the buyer can open a claim etc etc, but i would have rather have took that risk and stuck to my rights as a seller in this case out of sheer principle

hermum

comic_sans wrote: »

ebays growth can not be put down solely to buyer protection, but i do agree it is a good thing.

the point is that people are now manipulating this buyer protection, so the actual protection itself can be used as a tool, that is what is unfair. that has nothing to do with creating a safe market place, and everything to do with people abusing the system as always.

however, i am realistic, and i know this is always going to happen, i wont be stopping using ebay.

but, the problem is being perpetuated by people offering the advice to accept a return as in this situation. The buyer may go and try this again seeing as it was so easy the first time.

and before anyone says it, yes i know that the buyer can open a claim etc etc, but i would have rather have took that risk and stuck to my rights as a seller in this case out of sheer principle

On a £500 item I wouldn't take that risk, the buyer may have just said, oh, ok, my fault for buying it. Then sold it on herself.
However she may think, !!!!!, I will get my money back & do something to the dress to "justify" a claim.
Then the seller would have lost the £500, the fees both ebay & Paypal and would have a ruined dress to show for it.
At least by saying that she will accept a return the chances are the dress will come back in the same condition it was sent in & she'll hopefully be able to sell it on again.
If it were a few quid then you can stick to your principles.
I know that ebay are now completely on the buyers side but something had to change, years ago I bought a job lot of clothing. Got charged £100 for p&p, (I'd never bought a job lot or sent parcels & had no idea of the weight) it was total rubbish & had to go back, in those days the initial p&p wasn't refunded so I lost that & the return postage that only actually cost about £30 if I remember correctly.
Several times items didn't arrive & the dispute closed in my favour but I never got refunds, that wouldn't happen now.

xjoannexxx

Buyer has agrred to a mutal so i have my fees back but still hasnt picked the item up from the post office, i emailed her thursday and asked her if she had posted it back yet and she messaged back saying she still hadnt recieved it so i emailed her back saying the tracking is showing it is at the post office so it needs to be picked up and the sooner she sends it back to me the sooner i can refund her.

What happens if she just doesnt pick it up? Can she still open a item not recieved claim even though the sale has been cancelled? Am just a bit in limbo at the min as she hasnt replied since thursday evening and i just want the dress back then i can sell it on

hermum

xjoannexxx wrote: »

Buyer has agrred to a mutal so i have my fees back but still hasnt picked the item up from the post office, i emailed her thursday and asked her if she had posted it back yet and she messaged back saying she still hadnt recieved it so i emailed her back saying the tracking is showing it is at the post office so it needs to be picked up and the sooner she sends it back to me the sooner i can refund her.

What happens if she just doesnt pick it up? Can she still open a item not recieved claim even though the sale has been cancelled? Am just a bit in limbo at the min as she hasnt replied since thursday evening and i just want the dress back then i can sell it on

If she doesn't collect then she'll win an INR, for items over £150 you have to prove delivery with an online signature.
How long does the service you use leave things at the delivery office?

Mrs_justjohn

soolin wrote: »

I'm sure if we asked a number of sellers on here could put their own stories up. A good few years ago for instance before the DSRs even came in use on ebay I lost a SNAD claim as buyer bought a green belly dance hip belt from me and complained to paypal that she wanted a blue one- and she won the claim.

Yep

I sold a mobile phone and stated that the screen was cracked which made it difficult to read. Listed it as spares or repair.

Buyer won the SNAD stating the phone had a damaged screen. They said the screen was broken rather than cracked and Paypal sided with them....LOL