Returns policy

butternutsquash16

Hi,

I have copied below the relevant bits of a returns policy which an eBay seller (who I shan't name) is trying to apply in a refund dispute. In brief, the item purchased was not the one required, was returned within 9 days and no refund received (although promised minus fees - see policy below).

My question is, if the seller puts a timeframe less than the legal minimum in their returns policy (not to mention fees exc. postage), is this allowed/legal and so able to be applied?

Thanks in advance!

RETURNS POLICY

• Below is in addition to your legal rights as a buyer under UK law
• You may incorrectly purchase / change your mind and cancel part or all of your order with us at any time up to 10 working days after you receive the item. purchases made by the buyer will be liable to 15% handling / re stocking charge.
• If for any reason you change your mind and wish to return it, we may accept it back if returned to us within 10 working days after you receive the item.
• Even though most of our items are shown as free shipping, we do incur cost when shipping the item/s to you, and when refunding returns, we will issue you the refund of your monies (after deducting the 15% handling charge and the shipping costs which we incur when initially shipping original item to you).

PCMcGarry

Do you have a problem and need to return something?
Did you buy as consumer or business?

System

No, they can't do this (if you are a consumer) and ebay should know that if you complain

dj1471

Pretty much everything in that returns policy is unlawful.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

wealdroam

butternutsquash16 wrote: »

Hi,

I have copied below the relevant bits of a returns policy which an eBay seller (who I shan't name) is trying to apply in a refund dispute. In brief, the item purchased was not the one required, was returned within 9 days and no refund received (although promised minus fees - see policy below).

My question is, if the seller puts a timeframe less than the legal minimum in their returns policy (not to mention fees exc. postage), is this allowed/legal and so able to be applied?

Thanks in advance!

RETURNS POLICY

• Below is in addition to your legal rights as a buyer under UK law
• You may incorrectly purchase / change your mind and cancel part or all of your order with us at any time up to 10 working days after you receive the item. purchases made by the buyer will be liable to 15% handling / re stocking charge.
• If for any reason you change your mind and wish to return it, we may accept it back if returned to us within 10 working days after you receive the item.
• Even though most of our items are shown as free shipping, we do incur cost when shipping the item/s to you, and when refunding returns, we will issue you the refund of your monies (after deducting the 15% handling charge and the shipping costs which we incur when initially shipping original item to you).

If the seller is a private individual, i.e. not a business, then the terms offered in that listing are giving you more than he is obliged to give.

LilElvis

Is the seller actually based in the UK? There are quite a few Chinese sellers on there.

George_Michael

This could well be the seller in question:
http://stores.ebay.co.uk/JAGPARTS-CALL-JOJAGS-01514869007?_trksid=p2047675.l2563

butternutsquash16

Wow! Thank you for all the speedy replies. Much appreciated!!

Sorry, but for obvious reasons I won't comment on or speculate about the identity of the seller themselves, hence not naming them. That's not to be rude, just won't give the seller the benefit of the click through traffic!

Seller is UK based and as far as I'm aware (though I could be wrong) selling as part of their business not as an individual.

PCMcGarry

butternutsquash16 wrote: »

Wow! Thank you for all the speedy replies. Much appreciated!!

Sorry, but for obvious reasons I won't comment on or speculate about the identity of the seller themselves, hence not naming them. That's not to be rude, just won't give the seller the benefit of the click through traffic!

Seller is UK based and as far as I'm aware (though I could be wrong) selling as part of their business not as an individual.

So back to #2

Or is it just a general question?

butternutsquash16

General question based on curiosity.

JayCartwright

butternutsquash16 wrote: »

General question based on curiosity.

So this isn't a consumer problem then.

So why did you say this?

butternutsquash16 wrote: »

Wow! Thank you for all the speedy replies. Much appreciated!!

Sorry, but for obvious reasons I won't comment on or speculate about the identity of the seller themselves, hence not naming them. That's not to be rude, just won't give the seller the benefit of the click through traffic!

Seller is UK based and as far as I'm aware (though I could be wrong) selling as part of their business not as an individual.

The reason isn't obvious. Well not to me.