Advice on return please
VSynth
Forumite 119 Posts
Hi all,
recently did a 'buy it now' on an item on ebay for my birthday, however unbeknown to me my girlfriend had already bought the same thing a few weeks ago
The seller offers a returns policy but is unsure about accepting because the item is software which contains a unique registration code which I might have registered.
The software was described as a new unopened item but it is not sealed in any way therefore I can't prove I haven't registered it.
The seller is a private seller but they offer a returns policy.
Can I return it even though the seller is private do the distance selling regulations apply or are they bound to them by offering returns?
recently did a 'buy it now' on an item on ebay for my birthday, however unbeknown to me my girlfriend had already bought the same thing a few weeks ago
The seller offers a returns policy but is unsure about accepting because the item is software which contains a unique registration code which I might have registered.
The software was described as a new unopened item but it is not sealed in any way therefore I can't prove I haven't registered it.
The seller is a private seller but they offer a returns policy.
Can I return it even though the seller is private do the distance selling regulations apply or are they bound to them by offering returns?
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if its described as new and unopened but not sealed I'd argue that it's not as described personally.
Or you could just sell it on yourself.
Frankly I wouldn't have the cheek to return something I have obviously used , tell your gf to return her one instead.
However I suspect if you opened a case with PayPal you would win. Yu will have to return it fully tracked at your own expense though.
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I think the buyer knows they have not used the code.
However the seller is unsure and there is no way for the buyer to prove they have not used the code.
Of course I know I have not registered the software, I said that the seller is unsure because for all they know I may have done since the dvd case was not sealed.
The dvd case does not even shut properly.
My gf has bought me a much larger software package that includes several different software packages including this one.
...If you can fake that, you've got it made."
Groucho Marx
It might be hard to sell because it is now available in a suite of software at low cost.
Also I can't sell it as new,unopened because it clearly isn't and should not have been listed as such in the first place.
Sounds like buyers remorse to me and now you are just searching for reasons to be able to send it back.
If it is now available in a different package then it sounds like you have had it a while.
A private seller doesn't have to accept returns (under English Law, maybe not ebay rules) and you paid the BIN price which you didn't have to.
I personally think that your best option is to try to sell it on yourself and take the hit (if there is one). You bought because you needed it and now want to send it back because your circumstances have changed. Not really the sellers fault is it.
I also don't think that you can describe something as SNAD just because it wasn't sealed?
unopened =sealed. And yes, I'd completely describe a non cellophane wrapped game as opened.