eBay seller concert ticket refund...

MamaMoo_2

the_lunatic_is_in_my_head wrote: »

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).



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).

Curious as to the "not as described" bit, really. They were as described when sold, but this changed at a later date. Surely it's akin to a gift card that is sold before a company goes into administration. You're not legally entitled to a refund from the retailer you bought it from as it was valid when sold.
However, I also accept that unlike a gift card, the buyer couldn't have used the ticket at another time prior to cancellation.

the_lunatic_is_in_my_head

MamaMoo wrote: »

Curious as to the "not as described" bit, really. They were as described when sold, but this changed at a later date. Surely it's akin to a gift card that is sold before a company goes into administration. You're not legally entitled to a refund from the retailer you bought it from as it was valid when sold.
However, I also accept that unlike a gift card, the buyer couldn't have used the ticket at another time prior to cancellation.

Not as described is in reference to it being void if sold, perhaps not the right term to use. A giftcard is different as it's valid at the time of purchase, were a business selling gift cards that at the time of purchase couldn't be redeemed and it were not made clear the card could only possibly be used if the company came out of administration I would hope consumer protection law would cover this also.

As I say, AFAIK the void if resold isn't a legal issue but a preference, however that is for the original purchaser to take up with whoever they got the ticket from, the OP's claim will only be with the person they purchased from.

Perhaps it was mentioned in the listing but even then does that make it a fair term?

The point is the OP needs to know what the law is, I don't know what this is so can only speculate, as can others apparently as I haven't seen any links or quotes to back up statements the OP isn't entitled to a refund.

battleborn

the_lunatic_is_in_my_head wrote: »

Not as described is in reference to it being void if sold, perhaps not the right term to use. A giftcard is different as it's valid at the time of purchase, were a business selling gift cards that at the time of purchase couldn't be redeemed and it were not made clear the card could only possibly be used if the company came out of administration I would hope consumer protection law would cover this also.

As I say, AFAIK the void if resold isn't a legal issue but a preference, however that is for the original purchaser to take up with whoever they got the ticket from, the OP's claim will only be with the person they purchased from.

Perhaps it was mentioned in the listing but even then does that make it a fair term?

The point is the OP needs to know what the law is, I don't know what this is so can only speculate, as can others apparently as I haven't seen any links or quotes to back up statements the OP isn't entitled to a refund.

They have been offered a refund of face value, point is buyer wants the refund of the profit the seller made on the ticket.

Its not going to happen, you either accept the offer from the seller or waste your time and energy on waging a pointless fruitless war against them.

Its bad luck the concert got cancelled, but anyone who goes to buy tickets on ebay is aware the prices are inflated and its always a risky transaction.

the_lunatic_is_in_my_head

battleborn wrote: »

They have been offered a refund of face value, point is buyer wants the refund of the profit the seller made on the ticket.

Its not going to happen, you either accept the offer from the seller or waste your time and energy on waging a pointless fruitless war against them.

Its bad luck the concert got cancelled, but anyone who goes to buy tickets on ebay is aware the prices are inflated and its always a risky transaction.

Thanks for your opinion, do you have any consumer advice to offer?

wealdroam

battleborn wrote: »

They have been offered a refund of face value, point is buyer wants the refund of the profit the seller made on the ticket.

That sentence is probably better re-phrased as:
"They have been offered a refund of face value, point is buyer wants the refund of the purchase price".

And when put like that it sounds quite reasonable to me.

After all, if I bought a washing machine that didn't work, I would want, and would be entitled to, a refund of all monies paid.*



*in certain circumstances.

visidigi

Thing is this is not an eBay transaction. The discussion about power seller etc is moot, this was bought as a private transaction. Yes you could complain to eBay, but the seller could also have listed themelsewhee etc.

It's a private purchase between two individuals. If you want all the money back you need to small claims court them, the police aren't interested I. This sort of thing so that's a waste of time, being a civil matter and all.

So it comes down to risk and reward, do you risk throwing good money after bad or do you take what you can get and minimise loss.

Only the op 's friend can decide, in the meantime there aren't any consumer rights laws that apply to this....

the_lunatic_is_in_my_head

wealdroam wrote: »

That sentence is probably better re-phrased as:
"They have been offered a refund of face value, point is buyer wants the refund of the purchase price".

And when put like that it sounds quite reasonable to me.

[STRIKE]In what way? In any other situation is it acceptable for you to only be refunded the direct costs and not the profit?

Everyone being put back to square one is what I see as reasonable.[/STRIKE]

Sorry ignore that, I was used to everyone disagreeing with me!

OP if you are still reading, I would take advise on whether accepting the sellers offer would prevent you from going further.

If it doesn't take the refund.

Then either way, establish whether the seller sells tickets as a business and seek advice from an authoritative body who can advise on what you are legally entitled to and if it is viewed that you would be entitled to a full refund then peruse the matter through the small claims court.

the_lunatic_is_in_my_head

visidigi wrote: »

It's a private purchase between two individuals. .

No it is not. I run an eBay business, if we do a deal outside of eBay, whether that be by email, though facebook, free ads, you find me on eBay and I list on Amazon for you, you send me a cheque, a Paypal payment or a dozen eggs as payment, regardless if the item developed a fault 2 months later you would still have recourse against me as I am a business.

The most certain arguement for this is HMRC would most certainly take exception to a seller not classing such a sale as a taxable business transaction.

As I have said, the manner in which the sale was conducted does not mean this was not a business to consumer transaction (should the seller sell tickets as a business).

bod1467

Until and unless the OP names the seller (I don't believe they have thus far?) then the discussion herein is hypothetical and will never be concluded.

visidigi

the_lunatic_is_in_my_head wrote: »

No it is not. I run an eBay business, if we do a deal outside of eBay, whether that be by email, though facebook, free ads, you find me on eBay and I list on Amazon for you, you send me a cheque, a Paypal payment or a dozen eggs as payment, regardless if the item developed a fault 2 months later you would still have recourse against me as I am a business.

The most certain arguement for this is HMRC would most certainly take exception to a seller not classing such a sale as a taxable business transaction.

As I have said, the manner in which the sale was conducted does not mean this was not a business to consumer transaction (should the seller sell tickets as a business).

So everybody selling on eBay is a business then. Nope they are not.

That's why eBay advises having separate accounts for business to personal transactions. If this went through the business eBay account you would be right.

But this didn't, this went through PayPal, eBay were not involved, it's over 45 days so PayPal are not interested, eBay don't interested, it's nothing to do with them, it's a person to person transaction.

Let me throw something out there, you're all assuming the seller bought the tickets at face value, what if they didn't what if they bought them at a premium too? What if they are owed more than the face value?