eBay Refund Issue (not what you're thinking)

halibut2209

it could be argued, but it would be wrong. Cancelling something doesn't wipe it from the annals of history.

unholyangel

Flyboy152 wrote: »

But then, it could be argued that the cancellation of the order rendered the "prior request" non-existent.

It doesnt say any confirmed, genuine request etc. It says prior. It doesnt even have to be a request made by you, providing it was made on your behalf (ie by a friend or family member)

timbo58

Flyboy152 wrote: »

:wall: :wall: :wall:

??
So: have you explained this before and are now banging your head against a brick wall then?

My information given to me as an internet retailer is, that items which are personalised and custom made for you have an exemption from the automatic right of refund under the DSR: is this or is this not correct, if it is not correct please state your source.

My source is:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

halibut2209

Flyboy doesn't quote sources. He tends to make things up, then tell you to look it up. I'd pay it no heed.

unholyangel

timbo58 wrote: »

??
So: have you explained this before and are now banging your head against a brick wall then?

My information given to me as an internet retailer is, that items which are personalised and custom made for you have an exemption from the automatic right of refund under the DSR: is this or is this not correct, if it is not correct please state your source.

My source is:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

I think the head banging was in regards to you saying that they're exempt from the DSR's and not exempt from the unconditional right to cancel. It is through the unconditional right to cancel that you are entitled to a refund as the purpose of cancelling the contract is that it is to be treated as if it was never made. However, this doesnt mean that you cannot cancel contracts for personalised/custom goods. Just that you do not have the unconditional right to do so.

Plus it could be because you said they're exempt because they cant be resold (and while this is probably true) the DSR's do not link the consumers right to cancel with the retailers ability to resell (hence why it doesnt have to be returned in original packaging and the retailer cannot insist on this).

fred7777

unholyangel wrote: »

No actually they werent. “unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf. (see http://www.legislation.gov.uk/ukpga/1971/30/contents)
It does not cover mistakes. There must have been no prior request at all in order for it to qualify as unsolicited goods and they must be the intended recipient.

OK fair point for the purposes of this Act the goods were not unsolicited even though in reality this delivery, which was after the order was cancelled by the supplier, was not asked for by the customer.

It also looks like there is disagreement over whether or not the DSRs would cover this situation.

Never the less it can't be right for a company to cancel an order then send it, demand payment and refuse to cooperate with requests to return the goods. It would be very interesting to see what grounds they use for any legal action they try and take.

unholyangel

fred7777 wrote: »

OK fair point for the purposes of this Act the goods were not unsolicited even though in reality this delivery, which was after the order was cancelled by the supplier, was not asked for by the customer.

It also looks like there is disagreement over whether or not the DSRs would cover this situation.

Never the less it can't be right for a company to cancel an order then send it, demand payment and refuse to cooperate with requests to return the goods. It would be very interesting to see what grounds they use for any legal action they try and take.

Oh dont get me wrong I am of the opinion the company have no legal right at all to demand payment. I am also of the opinion that no contract exists therefore DSR's dont apply regardless of what the item is. I was just clarifying a few points as its not uncommon for someone to read a thread if they are in a similar situation and take the advice given to be correct.

To simplify.....no legally binding contract existed. If it did, it would not have been able to be cancelled due to "goods no longer being available" otherwise this would have been a unfair contract term (under the act of the same name) as it would have been legally binding for one party but not the other.


As no contract exists, OP is not liable for return postage. OP technically only has a duty to take reasonable care of the item and make it available for collection (imo anyways).

If they were to file legal proceedings, it is likely the seller would have to demonstrate that there was a legally binding contract in place. I think they would struggle to do so for the reasons outlined above (ie they were able to cancel due to goods not being available and to have the contract binding on consumer but not seller = unfair contract term).

Flyboy152

timbo58 wrote: »

??
So: have you explained this before and are now banging your head against a brick wall then?

My information given to me as an internet retailer is, that items which are personalised and custom made for you have an exemption from the automatic right of refund under the DSR: is this or is this not correct, if it is not correct please state your source.

My source is:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

But that is not what you wrote, is it?

You wrote:

timbo58 wrote: »

quote your source please.

items which are made especially to order for you and customised for that order are exempt from the regulations as they cannot be resold AFAIAA.

timbo58 wrote: »

custom made items are exempt from the distance selling regulations as forgotmyname says.
and also as they say: ebay will side with you as they are f**kwits.