ebay, paypal and Distance Selling

stephenSSSSF

I have had a problem with an ebay purchase. I bought something then realised a few days later when it arrived that it was not what I meant to order.
I contacted the seller and explained the situation and he told me basically to get lost.
I realised that this situation was exactly what the Distance Selling Act was for. I made a mistake by buying something when I didn't realise it wasn't what I wanted purely because it wasn't in front of me.
I understand ebay recognises The DSA so made a claim via paypal, which I had used to pay for the item.
They came back to me a few days later and said that the item would not be refunded. When I spoke to them they said that the DSA was recognised by ebay but not by them and then told me that I should contact a solicitor or the CAB.
Does anyone know what the situation is and what I should do?
Thanks

aerostar

As far as I emember the DSA does not apply to private sellers, it is business retail only.

The regulations do not apply to:

• financial services
• sale of land or buildings
• purchases from a vending machine or automated commercial premises
• the use of a public pay phone
• auctions, including internet auctions
• rental agreements that have to be in writing (i.e. a lease for three years or more)

stephenSSSSF

Well, it does seem that the DSA does apply to actual businesses that sell on ebay as opposed to individuals selling in auctions.
The fact that ebay is an auction site doesn't mean that actual businesses that are selling there are exempt from the DSA, as I understand it.
Paypal acknowledged this, but strangely said that they wouldn't take action on this basis but that I would have to take legal action against the seller themselves.
I saw someone here was saying that someone in this situation could take it up with the credit card company.
I wondered if anyone knew if this was the case.

frivolous_fay

stephenSSSSF wrote: »

I saw someone here was saying that someone in this situation could take it up with the credit card company.
I wondered if anyone knew if this was the case.

Did you get what you paid for?
Did you order wrongly?

If the answer to these questions is yes, you have no case to argue with your credit card company.

bingo_bango

If you bought this item on a BIN from a seller who sells enough of the same item on a regular basis to indicate that they are selling for profit(as opposed to shifting unwanted presents, household items etc), then DSR (not DSA) will apply.
If bought from an eBay shop, then they are openly advertising themselves as a business, and DSR will definitely apply.

IF DSR apply, then you have 7 WORKING days in which to return the item (in original condition! if it's in a sealed box, which clearly displays the product information, the you may have a problem if you have opened the box. If it came in a box without markings which HAD to be opened to see the contents, then you have a far better case. For this rule to apply, the business must list this caveat in their T's & C's), and can claim a full refund of the cost of the item. You will not, in most cases, be eligible for a refund of postage costs.
It is immaterial whether or not you ordered the wrong item, or changed your mind.

As for CC company.....by law they are only required to accept ownership of problems if the goods cost more than £100 (and less than £30K - a maximum of which sum can only be £25K credit). Some, but not all, will accept smaller claims from you. You can but ask them!

If you are satisfied that this is a business seller, and can show correspondence between you where they refuse to accept the goods back following a claim under DSR, then try the CC company.
If it's some guy selling off his old DVD's or games or the like, then you haven't a legal leg to stand on I'm afraid.

Hintza

I think I'll not enter into this...except to say did you offer to cover the sellers espenses? Or did you start off quoting the DSR? :mad:

stephenSSSSF

Hmmm Hintza, I wonder why you assume I am not a polite person and immediately began demanding my money back via the DSR.
I am sorry to have to shatter your illusion of all ebay sellers as being wonderfully honest and all buyers as having villainous intentions but anyone of average intelligence, i think, would be unlikely to believe this.


Although I shouldn't pander to the prejudices of the above poster let me put the record straight.

I asked politely for a refund four times . I was told to F*!% off before I even mentioned the DSR.

I obviously have proof I sent a request for a refund within 7 days. How do I go about getting this?

Thanks, everyone.

frivolous_fay

I started typing a reply with suggestions, then remembered that you ordered in error.

Sorry - but you ought to be selling them item on on ebay, not throwing your weight around because you think you're entitled to a refund.

Shops aren't obliged to refund if you buy in error. If you'd been in a shop instead of looking at your computer... might you have made the same mistake? Be honest.

stephenSSSSF

First of all Frivolous, I didn't order in error. The item I ordered was not listed as being not full-sized. I only realised that it was not full-sized when I received it.
Secondly, the whole point of this is that I didn't buy it in a shop. That is the whole point of the DSR point I was asking about.
The reason the DSR exists is because of situations like this when you are buying something that is not in front of you to be able to inspect before you buy it.

My main question still is, how do you go about claiming your money back under DSR if not through paypal?
Does anyone know?

Thanks again

frivolous_fay

Ok, 9 posts in and we get the full info

goshdarnit

stephenSSSSF wrote: »

The fact that ebay is an auction site

Ebay is NOT an auction site, it is a place where people can buy and sell stuff.