ebay, paypal and Distance Selling

Hintza

stephenSSSSF wrote: »

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.

What prejudices? I only asked a question, from a sellers point of view there is nothing worse than a buyer quoting "Their rights" . I am happier to deal with folk in a friendly manner if they just tell me what the problem is and if I can do something about it.

Now to answer your question if it was BIN the perceived wisdom is that the DSR apply.

If it is an auction then they don't. Of course you could throw a lot of time and money at it to get a court ruling.

That then brings us to the next issue. Was the item misdescribed? If so then you can attempt a claim through PayPal.


It might be easier to post the item number and we can have a look.


On a broader point there are plenty of buyers who buy items and play with them for a week before sending them back. I am not Dixons my margins are pretty small and any item that has been played with and returned can not be sold as new, it also costs me to refund delivery costs and in some cases return P+P.

I agree the DSR are necessary but there are those that milk it to the extreme. So if someone starts off quoting them I get very suspicious!

stephenSSSSF

So I'm guessing the situation is that I can go to a solicitor and take legal action or do nothing as paypal have told me they are not interested.

Hintza

Have you bought from a private individual or a business?

Was it auction or Buy it Now?

Was the item misdescribed?

Did you ask any questions before buying to clarify anything?

All these are relevant to whether or not you will have a case.

stephenSSSSF

here is a link to the item:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=120157607698&ssPageName=STRK:MEWN:IT&ih=002


In the listing he says nowhere that this is actually a smaller than normal cube. He lists the details the dimensions (assuming that everyone in the world knows the exact dimensions of a rubik cube) but neglects to mention the fact anywhere that this is not a minature rubik cube.

This is entirely why the distance selling regulations exist. I bought the item in good faith and because it was not in front of me I could not see it was not what he had led me to believe I was buying.

I still have the item in all its original packaging but he has told me to get lost everytime I have asked for a refund.

I suppose there is no comeback for a situation like this.

dmg24

I have not seen a Rubics Cube in years but I know that a full size one does not have sides of 4.5cm!

Also, are you really arguing over 99p? You do know that the DSR do not entitle you to a refund of postage.

frivolous_fay

Oh dear. If you'd looked carefully at the dimensions, wouldn't you have realised it wasn't the one you wanted? I mean... 4.5cm... and wasn't the keychain a bit of a giveaway?

:rotfl:

Clear case of failing to read the listing carefully, I'm afraid... and all this fuss over £3.49?!

System

stephenSSSSF wrote: »

In the listing he says nowhere that this is actually a smaller than normal cube. He lists the details the dimensions (assuming that everyone in the world knows the exact dimensions of a rubik cube) but neglects to mention the fact anywhere that this is not a minature rubik cube.

Is there a standard size for a 'normal' cube though? He has stated the sizes it is therefore up to you to decide whether it is the item that you want.

Hintza

I keep a measuring tape on my desk for situations like this.

I think the listing is fine, unfortunately you have cocked up here.

You might have a case under the DSR but it was an auction and listing was clear in my view a full size cube must be 3"-4" and it's not really the sellers fault.

You would be better treating Ebay as you would the small ads and not as a recognised retail outlet and the you won't be so disappointed.

He eve says:-

Note this is not the 80's original cube...... but at this price you can't go wrong. You will receive TWO fully formed CUBES to allow you to start from the beginning..

If it was me I would just shrug my shoulders and move on and learn a lesson.

jayok

No case to answer

black-saturn

If the description was accurate to the item you received I'm afraid you have no leg to stand on. It was up to you to read the description thoroughly. Some sellers will refund if you return the item (at your own expense) but they are not oblidged to.