How long doeas a buyer have to return an item to a business seller

JPS29

Hi.
Agreed to a refund on 26th Sep for an item I sold on my business account on 22nd Sep. Item is not damaged and is as described but buyer assumed it had clear glass instead of tinted.
Even after me a greeing a full refund on return with them on the phone the next day they opened a return for refund case through ebay. I replied politely in the dispute console stating refund would be no problme on receipt of the item.
Then they email me seperately nearly a week later asking when are they getting their refund so they can send the item back. I replied that again a refund would be issued immediately upon receipt of the item not before. They replied with insults and threats that I am a thief and conman and would neg feedback me as they are entitled to a refund before sending it back. Politely I emailed them apologising that they feel that way but the situation was the same.
It's nearly 3 weeks since the initial sale and I haven't got the item back. How long do they have to return it?
Cheers

Oliver14

According to the DSRs it's 28 days.

Obviously_the_best

They have no rights to a refund before reciept, I'd refer them to the distance selling regulations and tell them that they have no right to a refund until it is returned

JPS29

Already told them they are not entitled to a refund first but they spat the dummy out. My thought is they will fit this item to their vehicle and then wait to find one with clear glass as they want. (this particular one is fromt he top of the range model, comes with tinted glass as standard, I'm guessing they have a lower spec model) How long do they have to leave feedback?

bris

Oliver14 wrote: »

According to the DSRs it's 28 days.

No it's not.
DSR gives the buyer the right to cancel within 7 working days and upon receipt of this information by durable means the seller must issue a refund within 30 days.
There is no timeline for a return of the merchandise, in fact the seller must refund within 30 days whether he has the goods back or not. If the goods are not returned the seller must seek redress elsewhere for the return of the goods (small claims court).
Also with DSR if you haven't supplied them with DSR return info, including who pays the return postage, then they have 3 months and 7 days to ask for a return and you must pay the return postage.
If you are going to go down the DSR route make sure you get the facts straight.

In reality and Ebays world the buyer would have to return the item first before they would have a cats chance in hell of getting a refund from me.

P.s the DSR only apply to business sellers on the buy it now format, auction sales are not subject to DSR

Crowqueen

P.s the DSR only apply to business sellers on the buy it now format, auction sales are not subject to DSR

They will be in 2013.

In reality and Ebays world the buyer would have to return the item first before they would have a cats chance in hell of getting a refund from me.

Depending on your terms your buyer would have the right to take legal action and go to Trading Standards - you can't go against their statutory rights.

If the buyer is complaining that the item is not as described, however, the DSRs aren't the legislation that apply here - the Sale of Goods Act does and I don't think there is a time limit on claims apart from the eBay 45 days in which to raise a dispute.

JPS29

Item is definitely as described, even listed with a part number, paint colour code and the model and spec of the car it came from.
I have no problem refunding buyers, even when it's their mistake, but 3 weeks to send something back is taking the mick. I just want to know how long I have before I "have" to refund as far as ebay/paypal are concerned.