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Seller won't accept return

2

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  • No, without going into too many details, not really. It's specifically something I wanted, for reasons. Doubt anyone else has the same reasons. Stupidly, I explained those reasons, and the price jumped. It has certainly made me very wary of asking questions ever again, which seems you're always encouraged to do. It never occurred to me that someone would see an interest via questions and up the price. All the other items they have that are similar are still £20 so it was obviously just for me.

    If it's worth £40, then, THEY will have no problem reselling it and can accept the return. Perhaps they could even try doubling it to £80 and see how that goes.

    Sorry, getting a bit tired of this now. Was interested to hear what others think, but now think unless someone has successfully done this or has legal advice, there's not much to be gained in going round in circles.
  • NaughtiusMaximus
    NaughtiusMaximus Posts: 2,839 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 15 March 2019 at 5:26PM
    I'm afraid I don't agree - just because YOU don't like a law, doesn't mean it's okay not to follow it.

    My comment was on the morality, not the legality.

    It's true that in most cases (ebay private sellers being one of the few exceptions as has already been stated by previous posters) there is a legal right for a consumer to return for any reason an item bought online. This law is primarily there to protect consumers from unscrupulous retailers selling items which are faulty or inaccurately described.

    While you are legally entitled to return an item and request a refund just because you've changed your mind (when bought from a business), it doesn't change the fact it's morally highly questionable to punish an innocent party (ie the seller) for your mistake by insisting they fork out for return postage.

    This law is there for a very good reason but because there are people like you who insist on abusing it, businesses need to budget for spurious returns claims as part of their overheads, resulting in higher costs for the rest of us as these costs are passed on in the form of higher prices.
  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    The fact is, I was aware of this law and assumed ebay followed it
    It's been said many times but you don't seem to be getting it. Private individuals are not obliged by law to accept change of mind returns, only businesses (which would include sole traders) are covered by the Consumer Contract Regulations which is where your cancellation rights would come from. If the item was not as described or faulty etc then you would be able to return it. It has nothing to do with eBay, it's the same if you buy off Facebook, any other marketplace, or your nextdoor neighbor.

    If however you can prove that they are in fact a business seller and not a private individual then you could attempt to enforce your cancellation rights through the courts.
  • Mr.Generous
    Mr.Generous Posts: 4,045 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If I was looking at something and asked questions then the seller doubled the price there is no way I would buy it.
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
  • soolin
    soolin Posts: 74,822 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm afraid the wall of text rather hindered my thought pattern, however , this is one of the perils of buying from an unregistered business. Most users don't really see a problem with all these businesses pretending to be private sellers to make use of the free listings , however I think buyers forget that it lessens their ability to return unwanted items.

    If this seller had been a business then OP could have requested a return and got their initial money back after they returned the item tracked and insured.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,847 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 15 March 2019 at 5:47PM
    unless someone has successfully done this or has legal advice

    This governs your right to cancel:

    https://www.legislation.gov.uk/uksi/2013/3134/contents/made

    Each paragraph refers to the 'trader' and the legislation defines a trader as 'a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.'

    The registration status of a seller on eBay doesn't affect whether you have rights against them as a trader but you'd need to be able to demonstrate beyond reasonable doubt that they are one (i.e convince a judge in small claims that your view of why the seller is a trader is correct over the view of the seller claiming not to be one).

    The consumer rights board here on MSE will advise you further on what you can do if a trader refuses your right to cancel.

    But again if the seller is a private seller there is no right to cancel. You mention reading something suggesting all online sellers have to accept returns, if you post a broken link (i.e some spaces in it) we can have a look but the link above is the specific letter of the law.
    In the game of chess you can never let your adversary see your pieces
  • d123
    d123 Posts: 8,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    No, without going into too many details, not really. It's specifically something I wanted, for reasons. Doubt anyone else has the same reasons. Stupidly, I explained those reasons, and the price jumped. It has certainly made me very wary of asking questions ever again,

    The buyer didn’t just increase the price, what would happen if it’s an auction is other people must have started bidding, this is fairly common on auctions where bidders only start sniping in the last 5 minutes.

    I frequently see items double or triple in price in the last 5-10 minutes of the auction.
    ====
  • mgdavid
    mgdavid Posts: 6,711 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    waffle......

    I find it interesting that no one else seems to agree. ...


    more waffle......


    That's because we've read post 8 and you haven't (or if you have, you still don't understand it).
    Private sellers are not traders; the law you quote only applies to traders aka businesses.
    The questions that get the best answers are the questions that give most detail....
  • forgotmyname
    forgotmyname Posts: 33,025 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Getting the item in the light and it turns out not to be the item you thought you really wanted?

    Were the ebay pictures taking in a dark room?

    Buyers remorse? Now the thrill of the sale has worn off you had that sinking feeling that you overpaid and its not worth that, or seen cheaper items for sale?
    They are not a business or not registered as one so no right to return.

    I ALWAYS bid with less than 10 seconds to go, I will have a quick look every few days to see how popular it is but I wont bid until the last few seconds. Lost items for a few pennies but the bid is my max price so doesnt leave time for OK just another £1 or £10...
    Censorship Reigns Supreme in Troll City...

  • In the OP's original post, last paragraph, she (?) states that item was buy it now, so price must have been increased by seller. Very strange behaviour, and it would have rung alarm bells with me, but then I also always use the snooze button! ;-)
    That said, obviously OP really wanted what the original item purported to be, so I am sorry that you were disappointed meowmeow, but also very intrigued as to what the item might have been. But that's just me being nosey!
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