VISA Chargeback - send item back to China at whose cost?

Crabman

MyOnlyPost wrote: »

If you bought something from Argos in you nearest shopping centre and had a problem who would you take it up with?

Argos of course - because they would not ignore their customers or intentionally lie to and mislead them.

MyOnlyPost wrote: »

Under which country's laws do you decide to suspend an account? The seller is in China who may have completely different laws to us and eBay may fall foul of that law if they suspend his account. You are talking about stopping people making a living, this cannot be done lightly as all kinds of legal challenges could arise.

Interesting comment, You said earlier that, "Paypal regularly act contrary to UK law on the buyers behalf."

This is despite the fact that sellers agreed to the relevant terms and conditions when they signed up with eBay and PayPal.

Has a UK seller challenged eBay/PayPal's stance in court? What was the outcome?

MyOnlyPost

Crabman wrote: »

Interesting comment, You said earlier that, "Paypal regularly act contrary to UK law on the buyers behalf."

This is despite the fact that sellers agreed to the relevant terms and conditions when they signed up with eBay and PayPal.

Has a UK seller challenged eBay/PayPal's stance in court? What was the outcome?

I stated that Paypal will take money from a sellers account and give it to the buyer, a forced refund. Also Paypal will force a seller to refund even if there is nothing wrong with the item up to 45 days after the purchase. Neither of these actions are legal. Paypals terms and conditions are irrelevant from a legal point of view so just because you agree to them does not mean they have any legal standing. They can write literally any terms they want but it doesn't mean they would stand up if challenged in court. It is highly unlikely that any seller will take on Paypal as the cost / reward ratio makes it pointless.

I do not want to continue this argument with you as I feel you are deliberately being argumental. As I have said already if you have any recourse it is through the courts, not eBay.

Crabman

MyOnlyPost wrote: »

I do not want to continue this argument with you as I feel you are deliberately being argumental.

Your criticism is not accepted. What exactly is "argumental" [sic] about my previous response? By way of example, Argos will entertain a customer return up to 6 years from the date of purchase provided the customer has obtained an independent report to confirm a manufacturing defect and Argos will also pay for the costs of that report to be obtained.

What do eBay sellers do? Yes, that's right, they'll just ignore the seller because they know that after 45 days there is little the seller can do via eBay's dispute process unless court proceedings are launched due to either jurisdiction issues or, as you correctly referenced, the cost/reward ratio.

They also know that the buyer won't be able to leave negative feedback or do anything to warn prospective buyers about a particular seller being a crook.

eBay advised in a recent email that I should contact the police about the item not being as described. Probably because the British police have lots of time to spare, have jurisdiction in China and it is also a criminal offence. :rotfl:

MyOnlyPost

Crabman wrote: »

Argos will entertain a customer return up to 6 years from the date of purchase provided the customer has obtained an independent report to confirm a manufacturing defect and Argos will also pay for the costs of that report to be obtained.

Would you care to cite an example of this? Maybe if you were spending £100's on a TV, what about if you were spending £5 on a kettle?

Let's say Argos were selling 10 cameras, the cheapest of these is £25 and the most expensive £500. No reasonable person would expect the £25 camera to last 6 years and a court would not entertain any claim as being reasonable after that length of time.

6 years is the legal limit for which a consumer can bring a case to court under the sale of goods act. You say that Argos will entertain a customer return up to 6 years from date of purchase. Have you tried returning an item after this length of time? I doubt very much they entertain the return at all. You can however take them to court if they don't.

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Q3. Are all goods supposed to last six (or five) years?

No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory