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

soolin

earthstorm wrote: »

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.

If he is not being chased that it shows he is frauduelntly registered which does of course show the sort of seller who is prepared to break the law. The real law that is, one that requires businesses to have addresses that they can be traced to etc. So complaining that ebay are setting their own rules ,or as the seller incorrectly puts it 'changing the law' is rather ironic really.

As this person has stated openly they are in breach of all manner of things, I suggest they remove their posts before they look any more foolish.

George_Michael

earthstorm wrote: »

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.

The web hosting packages that you are selling are not personalised. All a buyer has to do is to click on the BIN tab, pay their money and the deal is completed, therefore the DSR do apply.
You even admit this yourself in the returns section of the listing.

We have been forced by ebay to say on our listings we offer a 14 day MBG but out site states 7 days which complies with UK laws.

Strapped

alykatz wrote: »

Well no one is forcing you to use ebay,so if your not happy to abide by their t&c`s then dont use them..

Don't be silly, that would be common sense and we can't have that or personal responsibility where ebay is concerned...

earthstorm

George_Michael wrote: »

The web hosting packages that you are selling are not personalised. All a buyer has to do is to click on the BIN tab, pay their money and the deal is completed, therefore the DSR do apply.
You even admit this yourself in the returns section of the listing.

when you go through to the order page you amend the specs their, this has been checked and verified by trading standards, although i forget TS needs to contact MSE users as they know more than TS know.

earthstorm

earthstorm wrote: »

when you go through to the order page you amend the specs their, this has been checked and verified by trading standards, although i forget TS needs to contact MSE users as they know more than TS know.

Also if an item is not Physical then you cant return. this is why Paypal class it as an intangible item, so the buyer has no buyer protection. in a claim all a host needs to show thats its an intangible item and that the buyer has signed into the server and the buyer will lose a claim

Strapped

earthstorm wrote: »

Also if an item is not Physical then you cant return. this is why Paypal class it as an intangible item, so the buyer has no buyer protection. in a claim all a host needs to show thats its an intangible item and that the buyer has signed into the server and the buyer will lose a claim

So what happens if a vendor fails to provide? Presumably still an intangible so no buyer protection? Is Small Claims the only route open to the buyer? Just interested.

wealdroam

Under DSRs it is possible for a seller to avoid some of the cancellation rights when providing a service.

If the seller and the buyer agree that a service can start before the cancellation period is up, then the rights to cancel can expire upon starting to provide the service.

From the OFT's guide to the DSRs:

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:
services where you have had the consumer’s agreement to start the service before the end of the usual cancellation period and you have provided the consumer with the required written information before you start the service, including information that the cancellation rights will end as soon as you start the service

earthstorm

wealdroam wrote: »

Under DSRs it is possible for a seller to avoid some of the cancellation rights when providing a service.

If the seller and the buyer agree that a service can start before the cancellation period is up, then the rights to cancel can expire upon starting to provide the service.

From the OFT's guide to the DSRs:

which is in our TOS and as soon as they purchase they are given a signup link, on the Signup form they have to tick a box to say they have read and accept our TOS. its just like if you ordered a downloadable item, it cannot be returned, so it is not covered under DSR. Once they sign up to our hosting, they have 7 days to submit a cancellation request, which they would get refunded for hosting only ( unless they have abused our services), but anything like domain registrations cannot be refunded as once registered in the buyers name they cannot be cancelled. - this is standard with all hosts

wealdroam

Earthstorm, I really think you would be wise to stop using the phrase "not covered under DSR".

If purchases are made by consumers at a distance from a seller that normally uses that method of selling, then they are covered by DSRs.

It is only the cancellation provisions that are not applicable to some sales.

I am also not sure that saying "this is standard with all hosts" adds any legitimacy.

earthstorm

wealdroam wrote: »

Earthstorm, I really think you would be wise to stop using the phrase "not covered under DSR".

If purchases are made by consumers at a distance from a seller that normally uses that method of selling, then they are covered by DSRs.

It is only the cancellation provisions that are not applicable to some sales.

I am also not sure that saying "this is standard with all hosts" adds any legitimacy.

so TS are wrong and like always you seems to think you are right.

i think i will go with TS and not a nobody on a public forum.

downloadable and personal items and some services are not covered under DSR as they cannot be physically returned.

just think you get a downloadable item and install on your PC/laptop and then say you are returning under DSR, how can you return the downloaded item. you cant, yes you can say heres the link back, but the item will still be on your PC/laptop for you to use