Can ebay do this to me?

bitterandtwisted_2

so here is the story

i sell cushion covers and a buyer received and signed for there order at 10:34 on 15th august and leaves positive feedback

Yesterday (my birthday - happy birthday to me !) I get an email saying she wants to cancel the deal as they don't match her carpet.

I told her I only accept cancelations for 14 days after delivery, not 18, Sorry. She had plenty of time to examin the covers.

She then tells me that my listing says she has 14 working days to cancel.

I assure her that my listing clearly states "I accept cancelations for 14 days from the day after you receive your item" ( I copied and pasted it from my listing to send to her)

My listings comply with the new consumer contracts regulations including having my full contact details and a model cancelation form so I knew I was protected.

Well, I thought I was protected.

She then copies and pasted a bit of almost greyed out writing from my listing that ebay inserted, not me, which says "Most Buy It Now purchases are protected by the Distance Selling Regulations, which allow you to cancel the purchase within 14 working days after the day you receive the item"

I am now out of pocket as a result of this.

GGGGGGGGRRRRRRRRRRRRRRRRRRRRRR


Thanks a bunch ebay.

Has no one told them that there are no such things as "Distance Selling Regulations" any more?

glentoran99

bitterandtwisted wrote: »

so here is the story

i sell cushion covers and a buyer received and signed for there order at 10:34 on 15th august and leaves positive feedback

Yesterday (my birthday - happy birthday to me !) I get an email saying she wants to cancel the deal as they don't match her carpet.

I told her I only accept cancelations for 14 days after delivery, not 18, Sorry. She had plenty of time to examin the covers.

She then tells me that my listing says she has 14 working days to cancel.

I assure her that my listing clearly states "I accept cancelations for 14 days from the day after you receive your item" ( I copied and pasted it from my listing to send to her)

My listings comply with the new consumer contracts regulations including having my full contact details and a model cancelation form so I knew I was protected.

Well, I thought I was protected.

She then copies and pasted a bit of almost greyed out writing from my listing that ebay inserted, not me, which says "Most Buy It Now purchases are protected by the Distance Selling Regulations, which allow you to cancel the purchase within 14 working days after the day you receive the item"

I am now out of pocket as a result of this.

GGGGGGGGRRRRRRRRRRRRRRRRRRRRRR


Thanks a bunch ebay.

Has no one told them that there are no such things as "Distance Selling Regulations" any more?

not sure what you mean by this?

http://www.which.co.uk/consumer-rights/problem/can-i-cancel-an-online-order-

however from ebay themselves

The DSR's do not apply to private sellers, so for those of you that sell unwanted items as opposed to buying to sell you are not legally obliged to abide by the DSR's. You do not have to offer returns or a 7 day cooling off period

bitterandtwisted_2

glentoran99 wrote: »

not sure what you mean by this?

The Distance Selling Regulations were superseded on June 13th by CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS

(google it - I am not allowed to post links)

When ebay say "The DSR's do not apply to private sellers" they are correct.

THEY DO NOT APPLY TO ANY SELLERS ANY MORE !!!!.

I am a business seller and, as mentioned, my listings fully comply with the new regulations.

The regulations give buyers a 14 calendar days cooling off period.

On an aside, ebay tell MY CUSTOMERS that they have 14 WORKING DAYS in which they can cancel, yet they do not tell the same to customers of business sellers who use auction listings, DESPITE the new regulations applying to such sales.

PS - the last link you gave is from an ebay member, not from ebay, and is out of date and obsolete and contains dangerously WRONG information.

glentoran99

bitterandtwisted wrote: »

The Distance Selling Regulations were superseded on June 13th by CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS

(google it - I am not allowed to post links)

I posted the link, it gives the same rights

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it


dunno where ebay are getting 14 working days from

bitterandtwisted_2

glentoran99 wrote: »

Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

Buyers get an additional 12 months in which they can cancel if the listing does not comply with the new regulations.

Further, if listings do not comply then sellers are responsible for collecting the goods if they want them back if the buyer cancels. Yu can print, in ten foot high letters that BUYER IS RESPONSIBLE FOR COST OF RETURNING GOODS, but if the listing does not comply then the buyer is not bound by ANY terms of the contract (up to having an additional 12 months to use and even abuse the seller's item before they cancel)

FidgitsID

bitterandtwisted wrote: »

I am now out of pocket as a result of this.

GGGGGGGGRRRRRRRRRRRRRRRRRRRRRR


Thanks a bunch ebay.

at least she was honest and hopefully returned the item in good condition ? some will just damage it to get refund under ebay/pp (up to 180 days) claim :-(