Can I Change My Mind

[Deleted User]

After a lot of hassle getting details from buyers, I stupidly went for a stairgate where I had to pay postage. The buyer did give their postcode and I got reasonable quotes for courier services initially.

Then when I tried to book the dispatch, courier charges were double what I expected due to the dimensions of the parcel.

I've since discovered I would get it cheaper if buying it from an online shop.

I've written twice to the seller apologising for the inconvenience and asking for a refund and she hasn't replied at all.

Under distance selling regulations I 'think' I should be able to 'change my mind' and get a refund (happened within 24 hours).., but with ebay is this still true as I may have to go through either paypal or ebay to get my money refunded? Obviously the item hasn't been dispatched.

soolin

Business or private seller?

[Deleted User]

Looks like a private seller although they have several of the gates (new) on ebay.

soolin

deannatrois wrote: »

Looks like a private seller although they have several of the gates (new) on ebay.

If they are not registered as a business then you have no right at all (currently) to change your mind.

I am confused though by your first post as I am not sure why you are asking buyers questions and arranging couriers if you are the buyer?

If you are in fact the buyer and item was to be posted then seller would be foolish to ignore your request as you can still raise a complaint via paypal for INR. However, if seller despatches your goods then you would have difficulty get a return .

ballisticbrian

When you say it looks like a private seller, you will be able to tell for sure if you scroll to the bottom of the advert and look on the left hand side you will see: "Business seller information"

[Deleted User]

The seller advertised the gate as collect only but also said the item could be sent by courier as long as the buyer organised and paid for it.

hermum

You can request their contact details from ebay & give them a ring, explain that the postage is far more than anticipated & ask if they will send a cancellation, that way they will get their fees back.
What's the size of the parcel wrapped & weight?

[Deleted User]

95x85x25 8kg in weight.., best price for UK collection and delivery is £16 (5day).

Rather looks as if I have lost my £30. I've mailed all as suggested two her twice now (said she will not lose fees if we mutually agree to cancel).., no reply at all. I now don't trust her so will just have to take it on the chin. Not money I can afford to waste as I needed the gate quite badly.

George_Michael

soolin wrote: »

If they are not registered as a business then as far as ebay are concerned, you have no right at all (currently) to change your mind

If the seller is a business (and as they are selling multiple lots of the same new item it sounds as if they are), then irrespective of their registration status on ebay, if the gate was purchased as a BIN then the OP has the legal right to cancel their purchase under the DSR's.

soolin

George_Michael wrote: »

If the seller is a business (and as they are selling multiple lots of the same new item it sounds as if they are), then irrespective of their registration status on ebay, if the gate was purchased as a BIN then the OP has the legal right to cancel their purchase under the DSR's.

In which case the OP, as is always the case, can take the matter to small claims and force the issue.

However as it stands OP has no right to a change of mind, but can always use the very simple PayPal INR claim system to force a refund which is *almost* certainly guaranteed to get him his money back.

yazzine

George_Michael wrote: »

If the seller is a business (and as they are selling multiple lots of the same new item it sounds as if they are), then irrespective of their registration status on ebay, if the gate was purchased as a BIN then the OP has the legal right to cancel their purchase under the DSR's.

I have 4 stairgates in the attic, one is opened, another is slightly damaged and two are still unopened.

I bought them 6 years ago, one for my bedroom doorway, one for the top of the stairs, another for the bottom of the staircase and one for the kitchen doorway. I also have multiples of children's things from double outfits, two sets of toys, shoes etc... many with still tags on (family and friends knowing my tastes bought the same stuff in the sales as I had as gifts!) - if I decide to sell these (an something goes wrong) would that me a business seller? I have one outfit of which I have 5 copies in the same size (grandparents from both sides, plus my sister, a friends and myself had the same idea!) and I was planing on selling these as 4 of them have tags on.

?