Help needed - Ebay dispute

Benfiesta

Thanks Terra Ferma, when I said 'private sale' I mean in so much as it wa sold from a personal eBay account not a business one

The tax stuff etc is all in hand but thank you for the Ebay link etc, I was worried that they could reimburse her then come after me for the money

Benfiesta

Its not a case of being sensible, I have nowhere to take the kitchen back to as the building is being demolished and keys etc are being returned on Thursday, kitchens are not easy things to store. I am also in this position due to a death, it's not my business, I'm just helping out my wife's family

terra_ferma

Benfiesta wrote: »

Its not a case of being sensible, I have nowhere to take the kitchen back to as the building is being demolished and keys etc are being returned on Thursday, kitchens are not easy things to store. I am also in this position due to a death, it's not my business, I'm just helping out my wife's family

it's just that sellers seem to find all sorts of excuses to get out of their legal responsibilities on ebay, but at least you are not a regular business seller, just helping out:)

Benfiesta

Having had another exchange of messages, getting us nowhere, I decided to phone eBay

They confirmed that as she had collected the item and paid cash, they would side with the seller everytime. They said to contact them in 7 days and they would just close the case and remove any negative feedback left

Thanks all for all your help

soolin

Benfiesta wrote: »

Having had another exchange of messages, getting us nowhere, I decided to phone eBay

They confirmed that as she had collected the item and paid cash, they would side with the seller everytime. They said to contact them in 7 days and they would just close the case and remove any negative feedback left

Thanks all for all your help

Even if eBay/PayPal find for you I would not be surprised if buyer went down the small claims route assuming we are talking real money here of course.

This is business stock being sold on behalf of a business and despite you using a private account to sell on I suspect small claims may well decide buyer has the right to a return.

Crowqueen

My understanding is that distance selling regulations don't apply as she saw the kitchen before she purchased it, so she can't cancel the contracts and return it.

It was sold at a distance. When the buyer bought it on eBay, she entered into a legally binding contract. It makes no difference that she picked it up - the contract had to be performed at that point. However, she still gets a chance under SOGA to claim the item is not as described. Inspection at premises does not count as acceptance; there is still some time for them to examine the item elsewhere.

This is to make sure sellers can't just bully the buyer into accepting something sold at a distance but picked up in person (say, making them pick up an electric or electronic at a lockup with no power points for the buyer to actually test an item before they take it away), and then claim they have no rights under SOGA. Equally, SOGA covers fit for purpose, which means that if the item develops a fault after purchase then the buyer still has a right of return.

OP - if you are going to do this in future - make sure you have contingency plans for storage of items that have to be returned - you have certain responsibilities when selling stuff, not just the right to take the cash and wave it goodbye. You cannot reject a buyer's legal right to return by saying you have no space to store it.

sharnad

was it an auction or buy it now sale

Benfiesta

I didn't say I was refusing to take it back because I had nowhere to store it. I'm refusing to take it back as there are no legitimate grounds for complaint

I'll make sure next time my father in law dies leaving his family with a business to dissolve, that I rent myself a lock up before attempting to sell anything

Benfiesta

sharnad wrote: »

was it an auction or buy it now sale

A buy it now sale

steveE2

Crowqueen wrote: »

It was sold at a distance. When the buyer bought it on eBay, she entered into a legally binding contract. It makes no difference that she picked it up - the contract had to be performed at that point.

Not quite Cq though you are correct it is covered under SOGA

Distance selling contracts are those which are concluded (you making your order and the retailer / e-tailer confirming your order) exclusively by ‘means of distance communication’.

The payment being made in person on collection cancels the DSR

If you have physically met face to face at any point, or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead.