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eBay seller concert ticket refund...
Comments
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The buyer has no right whatsoever to a refund of any kind as it was a private sale. The buyer took the risk and lost.
No it was not a private sale, the OP states the eBay ID regularly sells tickets therefore the person who sold them is a business.
It does not matter how you agree a sale and then pay for it, if one party is a business and the other a consumer the consumer's rights still apply.
It also doesn't matter if the tickets are non-transferable or may not be sold for profit as this is the organisers preference, it is not something backed by law (that I know of).
If you accept the offer, deal done, you can't try and claim more later.
OP isn't claiming more, they are claiming what they pad.In the game of chess you can never let your adversary see your pieces0 -
If you paid with a credit card through paypal, do a chargeback."Love you Dave Brooker! x"
"i sent a letter headded sales of god act 1979"0 -
the_lunatic_is_in_my_head wrote: »No it was not a private sale, the OP states the eBay ID regularly sells tickets therefore the person who sold them is a business.
It does not matter how you agree a sale and then pay for it, if one party is a business and the other a consumer the consumer's rights still apply.
It also doesn't matter if the tickets are non-transferable or may not be sold for profit as this is the organisers preference, it is not something backed by law (that I know of).
If you accept the offer, deal done, you can't try and claim more later.
OP isn't claiming more, they are claiming what they pad.
Just becuase you sell lots on ebay, it dosent make you a "business", You could still claim to be a private seller, its upto others to prove otherwise.0 -
the_lunatic_is_in_my_head wrote: »No it was not a private sale, the OP states the eBay ID regularly sells tickets therefore the person who sold them is a business.
It does not matter how you agree a sale and then pay for it, if one party is a business and the other a consumer the consumer's rights still apply.
It also doesn't matter if the tickets are non-transferable or may not be sold for profit as this is the organisers preference, it is not something backed by law (that I know of).
If you accept the offer, deal done, you can't try and claim more later.
OP isn't claiming more, they are claiming what they pad.
Firstly, my eBay ID sells a lot of tickets too. I'm not a business, I just buy lots of gig tickets and then if for some reason I can't go (and with two children under 3 that happens too often) or if my gig partner in crime, my brother can't go, I pop them on eBay, 99p starting price. Sometimes I end up with a little profit, sometimes I end up not getting face value. I'm not a business though, I don't buy tickets with the intention to sell.
The hard problem here, with a sale conducted away from eBay would be proving that the seller sold them in the course of their business rather than as a personal transaction.
Had they gone through eBay where the seller sells as a business, there would be a lot of protection. However, the way they did it, there's not really any.
It also entirely matters that the tickets are sold for profit and that they are non transferable. Whilst there's no legal backing to this, the promoters and the venue can and do deny access for these things.
I know recently a lot of tickets for a certain event were sold at a decent profit on eBay. The promoters banned the seat numbers that had been sold. Cue angry fans when their ticket was scanned at the door and they were denied entry.0 -
battleborn wrote: »Just becuase you sell lots on ebay, it dosent make you a "business", You could still claim to be a private seller, its upto others to prove otherwise.
What makes you a business is buying to resell, the OP mentioned powerseller which is now defunct, if they meant Top Rated Seller then the account would be registered as a business.
However were the situation to go to court it would need to be demonstrated that the seller were a business, not many individuals constantly sell concert tickets and I don't think a judge would have a hard time deciding whether someone were a business or not.
Without seeing the seller's account it is hard to say, from what the OP has said the seller is a business however the main point is the manner in which the sale was conducted does not relieve a business of their duty to conform to applicable consumer law nor suddenly make them a private seller which is what the posters above appeared to imply.In the game of chess you can never let your adversary see your pieces0 -
battleborn wrote: »Just becuase you sell lots on ebay, it dosent make you a "business", You could still claim to be a private seller, its upto others to prove otherwise.
True, however to register as a power seller you must be registered as a business.
Had the buyer bought via eBay, then they would have been able to get a refund.0 -
Had they gone through eBay where the seller sells as a business, there would be a lot of protection. However, the way they did it, there's not really any.
There's no eBay protection but I think the seller would find it difficult to say one set of tickets was sold privately if advertised on eBay along with a load of others on a business account (all OP needs is a screen-shot of the original listing).It also entirely matters that the tickets are sold for profit and that they are non transferable. Whilst there's no legal backing to this, the promoters and the venue can and do deny access for these things.
I know recently a lot of tickets for a certain event were sold at a decent profit on eBay. The promoters banned the seat numbers that had been sold. Cue angry fans when their ticket was scanned at the door and they were denied entry.
That doesn't matter with regards to what the customer is entitled to and would most likely give the buyer more of a right to their refund as the item perhaps shouldn't be sold at all.
Even if a private sale the sale of goods act would still allow a claim for the item not being as described, a void ticket due to it being transferred without any reference to this as part of the sale would give the buyer a claim (although I'm not sure what a ticket would be classed as and whether the requirements for services or such vary from goods under the SOGA).In the game of chess you can never let your adversary see your pieces0 -
True, however to register as a power seller you must be registered as a business.
Had the buyer bought via eBay, then they would have been able to get a refund.
I did not know you could register as a power seller, I thought ebay awarded you that title if you had a large amount of sales?0 -
battleborn wrote: »I did not know you could register as a power seller, I thought ebay awarded you that title if you had a large amount of sales?
They used to invite you once you reach the requirements but as a buyer browsing eBay you can't see who is a powerseller and who isn't, the only badge these days is Top Rated for which you need to be registered as a business.
I guess the OP needs to explain their use of the term powerseller as they've either confused it with Top Rated or just used it as a general term for someone who sells a lot which doesn't necessarily class the seller as a business.In the game of chess you can never let your adversary see your pieces0 -
battleborn wrote: »I did not know you could register as a power seller, I thought ebay awarded you that title if you had a large amount of sales?
Not 100% sure, as I'm not a power seller, but I'm fairly sure eBay send an email invite if you reach the criteria, and then you can opt in? Again, not 100% sure. But yes, don't think you can register say if eBay don't invite you etc.0
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