Do we still have to refund?

frivolous_fay

Hintza wrote: »

Probably not that relevant...Fay.

Well, not knowing what OP sells, or what kind of display we were talking about, I had no idea of the significance of writing off the bike. To me, a bike has pedals

I didn't feel qualified to answer the question when I didn't understand the context.

bingo_bango

Alfie_E wrote:

The buyer explained his situation and you agreed to wait for the outcome of the insurance assessment. You haven’t said that this offer was conditional. You haven’t said you told the buyer you would only be prepared to wait, say, one month. If you hadn’t agreed to wait, the buyer may have acted differently. He may have used his rights under the Distance Selling Regulations. Because of the agreement, he may have chosen not to make use of those statutory rights.

The length of time involved isn’t unreasonable. Insurance claims can drag on and on. I guess you could insist on waiting for the outcome of the insurance assessment, as that was what was agreed. But, the buyer is reasonably asking that the matter be brought to a close sooner rather than later.

Have to agree with all that, a well reasoned argument.

However, DSR give the customer 7 working days to return the goods. Any more time taken would have to be specifically agreed to by the seller, and the buyer would have to acknowledge the fact that they had no legal right to ask for more time (not up to the seller to do any more than inform the customer of those DSR rights!) for the case to have any legal merit.

Buyer doesn't adhere to DSR rights.
Seller, acting very reasonably agrees to give more time.

If the seller were to turn round after say 3-4 weeks and say no, I don't see a judge disagreeing with them.

To answer the thread title, no, you don't have to refund.

To agree with your policies on refunds, then yes, always worth having someone sing your praises, especially with bikers. They all talk to each other about where they buy their gear, and you get to resell the item at no loss! It's a no lose situation. Hang on in there!

Dave_Brooker

deanos wrote: »

Hes had long enough IMO way beyond the the 7 days you legally have you give.

But if you don't show the 7 day thing on the auction......

blue_monkey_2

You need us to contact him and tell him that after 60 days you cannot refund via Paypal as the 'refund payment' button will be removed from the transaction page and this means you will lose your fees for accepting the payment (these are usually refunded by Paypal when you do a refund). You are going to have to be straight with him and say

'I understand your predicament but this has been taking longer than expected. While I am flexible and like to offer good customer service it has been xx days since the sale and we usually accept refunds up to 7 days after sale as is stated in the listing. After 45 days have passed I will lose my sellers fee (usually refunded if you return the item) and then after 60 days I will not be able to give you the Paypal refund as the 'refund' facility is removed, this will mean I will lose XX in the fees I paid to Paypal in addition to the fees I paid eBay when you bought the item if I refund you your cost of the item and this is why we have a specified time for the returns policy. I am happy to wait another xx days (up to the 59 day limit) to have the item back in hand with me, if it has not arrived by this time then the refund will have to be minus the Paypal fee I have had to pay as this will then be non-refundable. I am happy to refund you outside the usual stated time of our returns policy but I have to cover my costs, which as a small trading company I cannot afford to lose. I hope you understand but if you want a full refund for the cost of the item you bought then it does need to be back here with me within another xx days. Maybe it would be better to return the item and then buy it again when your situation has been resolved, if you contact me directly when everything is sorted out and I still have it in stock I can sell it a little cheaper as I will not have fees to pay on the eBay sale and I can pass this saving onto you. Warm Regards.......'.

In the meantime, go do a dispute for mutal end (in the Dispute Console - choose the option for a Mutal End) stating the buyer is returning it for a refund so that you get the fees back on the sale. If the buyer does not respond you will get this automatically after 7 (maybe 10) days but it means that side is covered and you won't lose your sellers fees. I think this only fair and reasonable. Let's be honest, if you bought something from Tesco and took it back 3 months later they would not give you a refund and you have to think the same way.

No, you do not HAVE to give a refund as it is outside the time you allow for a free refund and this is stated in your terms. However, you need to make clear that you will have to cover any costs you are incurring by refunding outside of this time and that is only fair and you are giving him 2 weeks notice of this. If he does not want to lose these he should return it for a refund now and then he can buy again at another time and that is only right. You have to wonder why it is taking so long, it does not matter if the cheque has arrived for his claim but he should have been given a clear yes or no on the matter by now and to leave you hanging is unfair and a bit of a p*** take on your generosity. Terms or no terms when you stated the offer you need to make it clear that you did not realise it would be so long after and that you will need to cover any costs that you lose (in the same way some catalogue companies charge £5 for returns after the 14 days delivery time is stated - to make sure their costs are covered!). If he does not want to pay these he should return the item now.

Of course, if he paid by another means then you will not have to worry about the Paypal side but get the mutal end filed now to get these fees back just in case!

blue_monkey_2

From the Office of Fair Trading Website:


Cancellation periods

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.
If a consumer cancels an order, written notice must be given to you by:

• goods – seven working days from the day after that on which the goods are received by the consumer;
• services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.

If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.
Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.
You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.
If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.

So, if the 7/14 days for returns was not stipulated then the seller has to accept returns up to 3 months and 7 days after the sale.

Jedster

I would refund the buyer on the safe return of the item, but I would not refund for any postage.

You don't have to refund as the item is not faulty and is fit for perpose.

Why should you be out of pocket for postage for something that was not your fault.

aeuerby

Dave_Brooker wrote: »

But if you don't show the 7 day thing on the auction......

We do show the 7 day return policy on the listing.

I think I'll contact the buyer and tell him much of what blue_monkey has said (excellent post by the way) and point out that there are charges involved.

Thanks again!

syanide

Personally i would not refund. How do you know that he has not just sold the bike... How much is the display worth? If you agree to a refund make sure that he incurs the charges and charge him a restocking fee for your trouble. I charge 25% or £14.99

MrsTinks

If you think you can resell it then refund, but NOT any of the postage costs. Ultimately the item is not faulty or incorrect and the buyer wishes to return it through no fault of yours. Therefor if you wish to refund do it, but minus postage and any fees you will incur

As for the delay - yeah some can take a while but that really isn't your fault. A month would certainly be the limit of my patience