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

shaun_from_Africa

earthstorm wrote: »

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

Absolute tosh (again).

The DSR's apply to all distance contracts apart from a few exceptions, those being the sale of land and property, financial contracts, sales by auction and sales from vending machines.
There are some exceptions to the right of cancellation (such as the goods you are selling), but the majority of the DSR's most certainly do apply to downloadable and personal items.

Contracts to which these Regulations apply
4. These Regulations apply, subject to regulation 6, to distance contracts other than excepted contracts.

and the list of contracts that are exempt from the DSR's are in S5
http://www.legislation.gov.uk/uksi/2000/2334/regulation/4/made

Let me guess, you are now going to report this post as it again shows up your extremely poor lack of knowledge about consumer trading legislation.

Road_Hog

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

You know nothing of how I treat buyers or how ebay/paypal have treated me.

I don't know what you sell on ebay, but the category you sell in has a marked difference in the type of customer and their attitude and honesty.

Mobile phones and laptops attract many of the dregs of society, fraudsters and conmen. Even though I followed all of ebay's/paypal's guide lines (registered address only etc.) I still lost out on claims, ebay just ignored you in the end.

So, I told them they hadn't kept to their own business agreement and that I wasn't paying the bill, and if they wanted to challenge me in court, then please feel free to do so, because you don't have a legal leg to stand on. On both occasions they declined to take my offer up.

I am not above the law, I treat people as I find them and have an extensive business background at middle management for a manufacturing company, so I know retail selling. ebay have tilted the board, in some categories it doesn't matter, for example, the category I'm selling in now is collectibles, the buyers are very pleasant, it's lower value items, fraud is non existent and the whole attitude is different.

So please don't tell me that I should be banned, you have no knowledge of my business, my experience/background or how I treat people.

Slowhand

earthstorm wrote: »

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

You've been shot down in flames in so many forums on MSE and yet you persist...why?

earthstorm

shaun_from_Africa wrote: »

Absolute tosh (again).

The DSR's apply to all distance contracts apart from a few exceptions, those being the sale of land and property, financial contracts, sales by auction and sales from vending machines.
There are some exceptions to the right of cancellation (such as the goods you are selling), but the majority of the DSR's most certainly do apply to downloadable and personal items.


and the list of contracts that are exempt from the DSR's are in S5
http://www.legislation.gov.uk/uksi/2000/2334/regulation/4/made

Let me guess, you are now going to report this post as it again shows up your extremely poor lack of knowledge about consumer trading legislation.

again i would take note and follow Trading Standards and the OFT with info i have been told by them rather than anyone on a PUBLIC forum

check https://www.filesanywhere.com/fs/v.aspx?v=8b6b628f58636eaeab

You are not allowed to send back the following
computer software, CDs or DVDs if they are unsealed
personalised / made to order items (for example an engraved item)
perishable items such as food or flowers
goods or services where the price depends on changes in the financial markets
newspapers or magazines
goods which, by their nature, cannot be returned.

Last point applies to web hosting as the buyer does not own anything to return, web hosting is where a buyer will for a monthly/annual fee hire space on a server, so what can they return. NOTHING.

Road_Hog

soolin wrote: »

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.

You're getting close to libel here (you may not be concerned about this, but MSE probably wouldn't be too happy). I am not fraudulently registered, I am registered in my own name at my home address, the only difference is that a different bank account (same name) is used.

I am no longer a business seller (as stated in another thread this week) but I do have my address stated. As a business seller (previously) I had my address also stated and had buyers collect items to save on the postage. ebay had my address and passed it on to debt collectors, who declined to see me in court. Just because you have a debt collector chasing you, does not mean you have broken the law or owed the money, that is up to the courts to decide.

I have broken no laws, nor am I a fraudster as you have implied. I suggest you adjust your tone, or expect a complaint put into MSE.

shaun_from_Africa

So you want to follow official advice.
Here you go then.
http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=BADV0021.txt

The regulations don’t apply to business to business transactions. There are a number of consumer contracts which are also exempt including those relating to financial services, sale of land or buildings, vending machines, public pay phones, auctions (including internet auctions) and rental agreements that must be in writing.



There are also some partial exceptions:

• The information and right to cancel provisions do not apply to accommodation, transport, catering, leisure services, timeshare, food and drink or some goods for everyday consumption.
• The right to cancel does not apply unless both parties agree to it for personalised goods, goods made to customer specification, perishable goods, unsealed audio, video or software, newspapers or magazines, betting, gaming or lotteries, services that begin before the end of the cooling off period or goods or services with a price dependent on financial market fluctuations.

In black and white from Trading standards. The only contracts totally exempt from the DSR's are those I stated earlier and that some goods are exempt from the right to cancel. (but not exempt from the DSR's as a whole.

Even the link you provided clearly states that it is the cancellation section that doesn't apply to software, not that software sales are exempt from the whole of the legislation.

Keep digging. You are only making yourself look worse with each post.

Road_Hog

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.

Wrong. They will sell it on to debt collectors, but when you write to the debt collectors saying, I dispute this 'debt', I have no credit agreement with ebay/paypal, please consider this my full and final reply to you, please do enter enter into any other correspondence with me, verbal or written, other than court proceedings.

They then go away, because they know there isn't really a debt, they know that ebay/paypal are (in my case) on a very sticky wicket and it isn't worth there while expending time and effort on it.

Now, have you told ebay/paypal to take you to court? I have, twice, so I'm talking from experience. Have you been in the same/similar situation, what is your experience or are you just guessing?

Slowhand

Road_Hog wrote: »

You're getting close to libel here (you may not be concerned about this, but MSE probably wouldn't be too happy). I am not fraudulently registered, I am registered in my own name at my home address, the only difference is that a different bank account (same name) is used.

I am no longer a business seller (as stated in another thread this week) but I do have my address stated. As a business seller (previously) I had my address also stated and had buyers collect items to save on the postage. ebay had my address and passed it on to debt collectors, who declined to see me in court. Just because you have a debt collector chasing you, does not mean you have broken the law or owed the money, that is up to the courts to decide.

I have broken no laws, nor am I a fraudster as you have implied. I suggest you adjust your tone, or expect a complaint put into MSE.

You conveniently missed highlighting the very first word in soolin's post which is 'If' so complain away to MSE.

earthstorm

Slowhand wrote: »

You've been shot down in flames in so many forums on MSE and yet you persist...why?

because i FOLLOW information given by government departments and not from nobodies on a public forum. Notice posts that i have reported for abusing and personal attacks against me have been removed

Slowhand

earthstorm wrote: »

because i FOLLOW information given by government departments and not from nobodies on a public forum. Notice posts that i have reported for abusing and personal attacks against me have been removed

As a start what about the two insurance policies on one car thread that demonstrated what you said was wrong? You never did manage to get back to reply on that, did you?