Looks like ebay has decied to change the law for business sellers

earthstorm

wealdroam wrote: »

But Earthstorm, surely you realise that because ebay don't actually sell anything, they do not have to comply with DSRs.

What ebay are doing is helping sellers avoid falling foul of the law.

Ok, so you tell us that you don't have to abide by the seven working day cancellation period,* and if you believe ebay should make an exception for you and similar sellers, have you asked ebay to consider you and the like as a special case?


*I make no comment whether of not you are or should be exempt from that aspect of DSRs.

yes contacted ebays and their reply was they are looking into this.
I know when i spoke to my contact at TS the other day about making sure the 7 days i had did not need changing because of this they were in talks with the OFT to see if they could draft something to present to ebay and others on this so that it is fair and covers all their membership needs.

but we all know how fast these are when its not urgent

Road_Hog

techspec wrote: »

7 or 14 - whats the difference?

Everyone on Ebay knows its really 45 days. If a buyer wants to send it back in this time - they can.

They can send it back, but there is no legal obligation for the seller to refund them.

ebay/paypal can refund the buyer, but if you regularly empty your account, it will be their money they are refunding. I'm on my third paypal account and ebay or their debt collectors never attempt to take me to court - because they don't have a leg to stand on.

Before anyone starts trying to take the moral high ground, if I as seller sell something that is a dud, I'm more than happy to refund in full. However I do not agree to ebay/paypal handing money back to fraudsters and chancers.

steveE2

earthstorm wrote: »

I wish it was that easy, but it wold means an almost rewrite of my site and TOS/policies. also this rule for DSR does not apply to web hosting.
As stated the 7 days is set to the min. to help combat spammers etc signing up for our services.

Are you sure DSR does not apply to web hosting ?
I know it doesn't cover B2B
1&1quote:

10. CONSUMER'S CANCELLATION RIGHTS 10.1For any Customer buying as a consumer (i.e., not within the course of a business) the Consumer Protection (Distance Selling) Regulations 2000 allows you to have the unreserved right to cancel the contract within 7 days from either:- (a) the date the contract is formed; or (b) the date customer receives confirmation that the contract is formed from the Company, whichever is the later.

Fasthosts:

2.2 When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.

chancesare_2

Road_Hog wrote: »

They can send it back, but there is no legal obligation for the seller to refund them.

ebay/paypal can refund the buyer, but if you regularly empty your account, it will be their money they are refunding. I'm on my third paypal account and ebay or their debt collectors never attempt to take me to court - because they don't have a leg to stand on.

Before anyone starts trying to take the moral high ground, if I as seller sell something that is a dud, I'm more than happy to refund in full. However I do not agree to ebay/paypal handing money back to fraudsters and chancers.

It doesn't matter if you empty your PayPal account or not.

Road_Hog

chancesare wrote: »

It doesn't matter if you empty your PayPal account or not.

Really? So when there is no money in my account and they hand money back (chargeback) and the paypal account goes into a negative, it doesn't matter that I have removed all funds from the account?

You don't sign a credit agreement with paypal, so there is no debt, you have not borrowed any money, ebay/paypal have arbitrarily sent the money.

This is why ebay/paypal never take anyone to the county court, because they don't have a leg to stand on. They operate a sharp practice and the judge would just laugh at them.

Now, I'm talking from experience, having dealt with ebay/paypal for over 10 years and having previously been a gold powerseller and I have actually left ebay with two negatively funded paypal accounts. Pray tell, what is your experience, have you been in that position?

soolin

Road_Hog, your posts , which I have not quoted in case you decide to remove them, show exactly why some sellers should be banned.

You appear to believe you are above any law as well as ebay rules and when faced with buyers wanting their rights, merely close your accounts and start again.

I think your posts showing you have a total disregard for any buyer or business requirement mean ebay are completely right to be firm with sellers. You give us all a bad name, it is sellers that treat buyers like dirt that mean people lose faith in ebay. Most of us manage to use ebay properly, you have just proved your arguments to be shallow and not worth the time you spend typing them

RFW

soolin wrote: »

Road_Hog, your posts , which I have not quoted in case you decide to remove them, show exactly why some sellers should be banned.

You appear to believe you are above any law as well as ebay rules and when faced with buyers wanting their rights, merely close your accounts and start again.

I think your posts showing you have a total disregard for any buyer or business requirement mean ebay are completely right to be firm with sellers. You give us all a bad name, it is sellers that treat buyers like dirt that mean people lose faith in ebay. Most of us manage to use ebay properly, you have just proved your arguments to be shallow and not worth the time you spend typing them

Not to mention that the rest of us are paying for his negative balance accounts as he arbitrarily decides which customers he wants to believe.

soolin

RFW wrote: »

Not to mention that the rest of us are paying for his negative balance accounts as he arbitrarily decides which customers he wants to believe.

We have another semi regular on here in the same position, comes back very time he/she gets banned and I think most people have either got that user on ignore or just ignore them anyway.

I think personally if you cannot manage to do something or use a service then I don't think you are in any position to advise others.

earthstorm

steveE2 wrote: »

Are you sure DSR does not apply to web hosting ?
I know it doesn't cover B2B
1&1quote:
Fasthosts:

i have been because my hosting is designed around the personal specification of the client then because they are personalised that that person the it is not covered, but i have been told that hosting is not covered. why should i take what someone on a Public forum says over what a government agency say.

earthstorm

Road_Hog wrote: »

Really? So when there is no money in my account and they hand money back (chargeback) and the paypal account goes into a negative, it doesn't matter that I have removed all funds from the account?

You don't sign a credit agreement with paypal, so there is no debt, you have not borrowed any money, ebay/paypal have arbitrarily sent the money.

This is why ebay/paypal never take anyone to the county court, because they don't have a leg to stand on. They operate a sharp practice and the judge would just laugh at them.

Now, I'm talking from experience, having dealt with ebay/paypal for over 10 years and having previously been a gold powerseller and I have actually left ebay with two negatively funded paypal accounts. Pray tell, what is your experience, have you been in that position?

what would happen is that Paypal would refund buyer, place you with Neg. balance then they will chase you for their money though debt collection and court if they need too.