Special order by phone

arcon5

gram77 wrote: »

i assume selling secondhand and collectable stuff on ebay doesn't make me a regular distance seller ? my main web /shop business is brand new goods.

It doesn't matter what your selling or whether its your main product or not... You are selling at a distance by selling online. What makes you a regular seller or not is not what you're selling... How often you sell in a business capacity...

So you have an eBay shop, a website advertising products and accepted an order over the phone...

Lets hope he doesn't come across the eBay shop - this would most certainly be another nail in your coffin.

I really can't see you winning this one.

unholyangel

gram77 wrote: »

Not yet in writing, by phone so far. I have had an email simply saying the following "


Thanks *****


Please note orders purchased by telephone or internet have an automatic cooling off period anyway and therefore I would be expecting a full refund as this is the norm.

With kind regards
********


he is no idiot so before the 7 days is out i will expect a full written notification.

Thanks again everyone, any thoughts are much appreciated.

Your customer may use the above as proof of his written intent to cancel. Whether him saying he expects a refund expresses his intent to cancel....personally I'd say yes. And dsrs allow for cancellation in a durable form however expressed. Email is durable.

And there's no need to debate whether DSRs apply or not. Phone your local trading standards and they will be able to advise you. You could even ask them to provide it in writing (if they say DSRs dont apply) which you can then a) forward to the consumer and/or b) use it in small claims - if it ever gets that far.

Hintza

Since the OP and the customer live fairly close then going to court will not be as onerous as it could be.

If I was in the OP's shoes I doubt I would be caring how much it cost me now as long as I had the opportunity for my day in court.

arcon5

Hintza wrote: »

Since the OP and the customer live fairly close then going to court will not be as onerous as it could be.

If I was in the OP's shoes I doubt I would be caring how much it cost me now as long as I had the opportunity for my day in court.

But what would your defense be? Since op has admitted selling a secondary product line via eBay in additional to promoting the products via a distance means.

The problem is, despite the fact I think op was 'played', it's not likely a judge would care about this.

Hintza

I'm not sure it would really worry me too much, I have always had the propensity to cut off my my nose to spite my face.

The buyer still has to get it to court and as you have said yourself the buyer has been devious and played the OP and still has to get all their ducks in a row to succeed.

unholyangel

Hintza wrote: »

I'm not sure it would really worry me too much, I have always had the propensity to cut off my my nose to spite my face.

The buyer still has to get it to court and as you have said yourself the buyer has been devious and played the OP and still has to get all their ducks in a row to succeed.

Not exactly. If DSRs apply, the right to cancel is unconditional. Customer has technically given him notice of his intent to cancel in a durable form and within 7 days (even though he may have up to 3 months and 7 working days). DSRs stipulate that if such a cancellation is received, retailer must refund within 30 days.

Pleading ignorance won't save him. It is the retailers responsibility to ensure he complies with the relevant legislation.

IMO OP needs to first find out whether DSRs apply to him or not. If Trading Standards said no, I'd feel confident enough to fight it in court. If they said yes.......whats the point of fighting it? It would save OP possible claim/hearing fee. If yes, OP should also start including the relevant information in his ebay listings/store/email confirmation so he doesnt find himself in this situation again.

Didnt he say the customer paid by card? Did we establish whether it was credit or debit card? If the customer knows DSRs extensively, I wouldnt be surprised if he knows about chargebacks/S75's - so the OP may not even get their day in court.


If he needs opinions on his new T&C's, i'm sure the regulars here on this board would be happy to oblige and point out any terms which may get him in hot water.

gram77

Customer paid by Visa debit. what is the situation with a chargeback ?
Does this mean his card company can simply reverse the transaction ?

bris

gram77 wrote: »

i assume selling secondhand and collectable stuff on ebay doesn't make me a regular distance seller ? my main web /shop business is brand new goods.

Ok, for me this info changes my view, as an ebay seller you are set up to do sales at a distance, so DSR will apply. This is another twist to the thread and I now smell troll.
The thread is changing to suit an argument now and not advice.

gram77

bris wrote: »

Ok, for me this info changes my view, as an ebay seller you are set up to do sales at a distance, so DSR will apply. This is another twist to the thread and I now smell troll.
The thread is changing to suit an argument now and not advice.

Sorry mate, advice is what I need. I sell on ebay as a hobby and to make pocket money as a lot of people do. It's what people do when times are tough. My business is a shop that has a website , I sell new items that i buy from suppliers. On ebay i sell unwanted stuff that i've picked up over the years...ie old records and clothes...it really is a seperate thing...or I thought it was.

peachyprice

gram77 wrote: »

Sorry mate, advice is what I need. I sell on ebay as a hobby and to make pocket money as a lot of people do. It's what people do when times are tough. My business is a shop that has a website , I sell new items that i buy from suppliers. On ebay i sell unwanted stuff that i've picked up over the years...ie old records and clothes...it really is a seperate thing...or I thought it was.

Is the Ebay account a business account or your own personal account?