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Ebay "business seller" states no returns. Business appears liquidated. Advice please

Hi, I bought an item from a business registered seller but his company appears to be liquidated according to the web.A news story shows that he put a disgruntled letter in his shop window moaning about his company going under a year ago.
The shop website (not ebay) is still active but now says no to returns.

His ebay returns policy says returns accepted and buyer pays return costs (no doubt standard that cannot be removed) but he has added that he will only accept returns on faulty items.

I only spotted the "returns accepted" when I purchased a BIN so am I right in thinking that Ebay will sort this if I need to return because of incorrect sizing? I am aware that I get the 14 days anyway but the apparent liquidation / unhelpful attitude is worrying me. It has not been dispatched yet but I would like the item :(


Thanks


Example ebay item to show return terms: 321540199625


News story: http://www.worcesternews.co.uk/news/10670680.Trader_s_parting_shot_as_shop_closes_after_13_years/


Shop link with strange return terms:
http://www.mountainshack.com/page/returns_and_special_orders


Shop link standard terms still also on site:
http://www.mountainshack.com/page/shopping_terms_conditions#returns
Be nice

Comments

  • RFW
    RFW Posts: 10,432 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm a bit confused. This is something sold on Ebay, the website returns details are irrelevant. Also, the article doesn't quite say the business is in liquidation, just that they closed a shop.

    Their website terms are irrelevant to your Ebay transaction. With Ebay you get 14 days "change of mind" returns, this would be at your expense. For faulty items the seller has a legal obligation to pay for the return.
    .
  • smashed
    smashed Posts: 1,043 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Hi,
    Thanks for replying. It said Liquidation here https://www.companiesintheuk.co.uk/ltd/mountainshackcom


    I agree with you regarding returns policy but my concern was that a company classed as liquidated could probably circumvent distance selling regulations and leave me unable to return the item. The fact he is still selling on Ebay suggests to me that he should not be able to do this but I know Ebay can have problems.


    "All returns must be notified to us within 14 days of the day of delivery to you. No returns accepted other than incorrect product despatched,defective or damaged in transit. For such returns please contact us first so that we can arrange collection of the return. We will credit in full or exchange where possible at your choice. Warranty issues must be taken up with the manufacturer directly"
    Be nice
  • RFW
    RFW Posts: 10,432 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    smashed wrote: »


    I agree with you regarding returns policy but my concern was that a company classed as liquidated could probably circumvent distance selling regulations and leave me unable to return the item. The fact he is still selling on Ebay suggests to me that he should not be able to do this but I know Ebay can have problems.
    If it is a liquidated company, then the seller on Ebay would either be on behalf of the liquidator or the liquidator themselves, either way they should make that clear. My guess is that it is the previous company director, either trading with a new company or under their own name. If they are trading as a company that is in liquidation, then that is illegal, so they can't use it as an excuse for not accepting returns. If they do, they'd be in serious trouble.

    There is one final possibility that the company has very recently gone into liquidation and no one has looked at the Ebay account yet and it is just running items for sale that no one will be sending out, in that case you'd get a refund anyway.
    .
  • smashed
    smashed Posts: 1,043 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    RFW wrote: »
    If it is a liquidated company, then the seller on Ebay would either be on behalf of the liquidator or the liquidator themselves, either way they should make that clear. My guess is that it is the previous company director, either trading with a new company or under their own name. If they are trading as a company that is in liquidation, then that is illegal, so they can't use it as an excuse for not accepting returns. If they do, they'd be in serious trouble.

    There is one final possibility that the company has very recently gone into liquidation and no one has looked at the Ebay account yet and it is just running items for sale that no one will be sending out, in that case you'd get a refund anyway.


    Thanks. I just wanted to ensure that I wouldn't be stuck with a high value item if it didn't fit. I appreciate your replies :)
    Be nice
  • smashed
    smashed Posts: 1,043 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    ps: The ebay seller ID matches the name of the owner of the shop and it was opened on Ebay in 2007 which suggests that perhaps he is still selling off his items.
    Most of his feedback is from the past 12 months though which would tie in with it being liquidated stock...hence another reason I was concerned.


    Night :D
    Be nice
  • sequence
    sequence Posts: 1,877 Forumite
    You'll get a refund off ebay/paypal and they'll chase the seller. Open a case and send it back tracked.
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