Advice please re: sold item on eBay

Capt_Cashless

Hi

I would really appreciate advice from someone, maybe I am not seeing the woods for the trees as I am reading through eBay's T's&C's.

I sold a coffee maker on eBay and posted yesterday the person who has bought has contacted me through eBay claiming that it doesn't work. I know it is working as I used it on Sunday before the bid ended. For all I know they may have changed their minds and be trying it on.

I don't want to have to issue a refund for it as it was in working order when it was collected by CityLink and also I can't really afford to refund it.

The only reason I sold it was that I was made redundant several months ago and slowly selling unwanted bits and pieces on eBay to generate a bit of cash (this coffee maker went for nearly £70).

I've been using eBay for years mainly to buy but occasionally to sell the odd postcard or so but I am getting quite confused by what I am reading in the T&C's.

Any advice or clarification from anyone who has been in this situation would be appreciated.

Thank you.

Oliver14

Offer a full refund on return. If they open a dispute that's wyatt you will be forced to do. Just because it was working sunday doesn't mean it was working when the buyer got it. Things fail art the most inconvenient times that's the nature of things

hermum

You will have to refund if they open a dispute, which will count against you. Best to offer a refund on return, you need to refund the full original payment including the p&p.
The buyer will need to pay to return it.

MyOnlyPost

Don't refund it until you have got it back.

When you get it back if it works you are not obliged to refund it at all. You can request the buyer pays you the postage to return it to them as it wasn't faulty or agree to refund it but not the postage cost. Then offer it to your 2nd highest bidder using the 2nd chance offer.

If when you get it back it doesn't work, check to make sure it is the same one you sent as this is the oldest trick in the book to get goods on eBay for free.

Finally if when you get it back it is the one you sent, and it doesn't work then as others have said you will have to refund UNLESS you can prove it has been tampered with. Again this is one way some unscrupulous buyers get around buyers remorse.

amcluesent

When you get it back if it works you are not obliged to refund it at all.

Can you point to the Ebay\Paypal T&Cs which say that?

MyOnlyPost

amcluesent wrote: »

Can you point to the Ebay\Paypal T&Cs which say that?

I should probably add that this only applies if you sold it at auction and not if it was Buy It Now. Anything sold as buy it now can be returned for a refund for any reason within 14 days usually.

What eBay term do you want? eBay have to comply with UK law on their UK platform and quite simply goods bought at auction are subject to caveat emptor. Because the goods are sold at auction there is no statutory cooling off period. In theory if the buyer makes a single cup of coffee and then it breaks it is not the sellers responsibility as they were working when sold. If you can prove the goods are not faulty you are not obliged to refund. If the buyer brought the coffee machine back in person and you then used it to make him a cup of coffee, would you say never mind here's your money back? eBay may take the funds to refund the buyer anyway (via Paypal) but would be acting illegally in doing so and you could challenge them in court (although no-one would over £70)

The same is true when returning goods to an online shop once the statutory "cooling off" period has lapsed. If you return goods for a refund or repair which are proven not to be faulty then you are liable for all expenses incurred by that company, which could be inspection fees, return postage, admin charges etc. Most companies don't do this as they want to keep the customer but they legally could.

My basis for this knowledge? I have worked in retail for 20 years, 10 of those responsible for my employers online presence including being a professional eBay seller

theonlywayisup

MyOnlyPost wrote: »

My basis for this knowledge? I have worked in retail for 20 years, 10 of those responsible for my employers online presence including being a professional eBay seller

Professional seller, maybe, one that doesn't know the rules, certainly.

MyOnlyPost wrote: »

When you get it back if it works you are not obliged to refund it at all.

MyOnlyPost wrote: »

Finally if when you get it back it is the one you sent, and it doesn't work then as others have said you will have to refund UNLESS you can prove it has been tampered with. Again this is one way some unscrupulous buyers get around buyers remorse.

One that doesn't know the rules, DEFINITELY. Terrible and incorrect advise.


Op, you need to offer a full refund upon receipt, whether it is working or not. If you don't and the buyer files a case, you will have a warning on your account and eBay will force the refund for you.

Then if your buyer agrees, you can file a mutual cancellation which will allow eBay to reimburse your seller fees (fvf). Then you may wish to second chance or relist again.

bris

MyOnlyPost wrote: »

I should probably add that this only applies if you sold it at auction and not if it was Buy It Now. Anything sold as buy it now can be returned for a refund for any reason within 14 days usually.

What eBay term do you want? eBay have to comply with UK law on their UK platform and quite simply goods bought at auction are subject to caveat emptor. Because the goods are sold at auction there is no statutory cooling off period. In theory if the buyer makes a single cup of coffee and then it breaks it is not the sellers responsibility as they were working when sold. If you can prove the goods are not faulty you are not obliged to refund. If the buyer brought the coffee machine back in person and you then used it to make him a cup of coffee, would you say never mind here's your money back? eBay may take the funds to refund the buyer anyway (via Paypal) but would be acting illegally in doing so and you could challenge them in court (although no-one would over £70)

The same is true when returning goods to an online shop once the statutory "cooling off" period has lapsed. If you return goods for a refund or repair which are proven not to be faulty then you are liable for all expenses incurred by that company, which could be inspection fees, return postage, admin charges etc. Most companies don't do this as they want to keep the customer but they legally could.

My basis for this knowledge? I have worked in retail for 20 years, 10 of those responsible for my employers online presence including being a professional eBay seller

The DSR is seven days for buy it now and not 14, they also only apply to business sellers.

The rest of the post is for UK law and is correct, however Ebay law is their own doing and if you want to enforce your statutory rights then Ebay is not the place to sell. In this case Ebay will side with the buyer, they always do. If you challenge their rules you may win, (in court) but you will lose your account.

Oliver14

MyOnlyPost wrote: »

I should probably add that this only applies if you sold it at auction and not if it was Buy It Now. Anything sold as buy it now can be returned for a refund for any reason within 14 days usually.

What eBay term do you want? eBay have to comply with UK law on their UK platform and quite simply goods bought at auction are subject to caveat emptor. Because the goods are sold at auction there is no statutory cooling off period. In theory if the buyer makes a single cup of coffee and then it breaks it is not the sellers responsibility as they were working when sold. If you can prove the goods are not faulty you are not obliged to refund. If the buyer brought the coffee machine back in person and you then used it to make him a cup of coffee, would you say never mind here's your money back? eBay may take the funds to refund the buyer anyway (via Paypal) but would be acting illegally in doing so and you could challenge them in court (although no-one would over £70)

The same is true when returning goods to an online shop once the statutory "cooling off" period has lapsed. If you return goods for a refund or repair which are proven not to be faulty then you are liable for all expenses incurred by that company, which could be inspection fees, return postage, admin charges etc. Most companies don't do this as they want to keep the customer but they legally could.

My basis for this knowledge? I have worked in retail for 20 years, 10 of those responsible for my employers online presence including being a professional eBay seller

Hilarious. You can quote all the incorrect information you want (which you have). If though the buyer opens a dispute the seller will be forced to refund. its as simple as that.

MyOnlyPost

theonlywayisup wrote: »

Professional seller, maybe, one that doesn't know the rules, certainly.





One that doesn't know the rules, DEFINITELY. Terrible and incorrect advise.


Op, you need to offer a full refund upon receipt, whether it is working or not. If you don't and the buyer files a case, you will have a warning on your account and eBay will force the refund for you.

Then if your buyer agrees, you can file a mutual cancellation which will allow eBay to reimburse your seller fees (fvf). Then you may wish to second chance or relist again.

So your argument is that anybody can buy anything at auction on eBay and return it even though there's nothing wrong with it for a refund? I think you may be mistaken. If that were true who would sell on eBay?

From eBays T & C

A good faith dispute does not exist if you:
improperly claim that the seller has not fulfilled the transaction;
claim you never received an item when in fact you did;
claim the item was significantly different from the item description but the seller can prove otherwise.; or
refused to accept delivery of the item.
Moreover, a good faith dispute does not include buyer’s remorse (that is, the item delivered was as described in the item description, but you no longer want the item regardless of the reason).

Distance selling regulations do not apply to eBay auctions and therefore a buyer has no right to return for any reason, only if the items are not as described or faulty, so I say again if they are not faulty the seller does not have to refund. He would have to EITHER refund or return the item back to the buyer, and he could request the buyer pay for the return shipping.

MyOnlyPost

bris wrote: »

The DSR is seven days for buy it now and not 14, they also only apply to business sellers.

I stand corrected on this, I'm sure it used to be 14 but I accept it is indeed 7. Again from eBay Most Buy It Now purchases are protected by the Distance Selling Regulations, which allow you to cancel the purchase within 7 working days after the day you receive the item This does not however state only business sellers

bris wrote: »

The rest of the post is for UK law and is correct, however Ebay law is their own doing and if you want to enforce your statutory rights then Ebay is not the place to sell. In this case Ebay will side with the buyer, they always do. If you challenge their rules you may win, (in court) but you will lose your account.

I thought that was what I had already said, although not so directly

eBay may take the funds to refund the buyer anyway (via Paypal) but would be acting illegally in doing so and you could challenge them in court (although no-one would over £70)