Seller won't accept return

askmeaboutsofas

Askmeabout... not trying to be facetious but do you know that as a fact?

Yes.



As far as the law goes, whether you feel they've behaved morally or not, whether you were unaware of the law prior to this, whether you find it unfair or whether you personally would behave differently are all entirely irrelevant.
I'm not saying that the seller is a nice person. I don't even know who they are. But you're wrong about the law.


But hey, don't take my word for it. Here's some corroborating evidence for you:


https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/
https://www.inbrief.co.uk/consumer-law/non-professional-and-private-sales/
https://www.choose.co.uk/guide/consumer-rights-when-buying-second-hand-goods.html


I got bored after the first few pages, but you get the idea. Every single source states clearly that private sales are not covered by the consumer rights act. You have the right not to be lied to by the seller, but anything else comes under "caveat emptor" - buyer beware.



I find it highly irritating when businesses masquerade as private sellers on eBay in order to avoid having to accept change of mind returns, but make no mistake that is exactly why they are doing it.

theoretica

As stated, private sellers are not required to accept returns. How clear is it that this seller is a business? Selling a reasonable lot of things isn't a very good marker as it could be someone clearing a relative's house for instance, but selling dozens of new, identical items possibly is an indication ebay would accept. Reporting them to ebay as a business wrongly registered is one step you could take, though I wouldn't hold out much hope for your £40 back.

shaun_from_Africa

Just one thing to add, not that it matters in this case.

Whilst it's generally true (with some exceptions) that under UK law traders have to accept returns for a change of mind by a consumer, this doesn't apply when the goods are sold by way of an online auction such as ebay.

soolin

shaun_from_Africa wrote: »

Just one thing to add.


Whilst it's generally true (with some exceptions) that under UK law traders have to accept returns for a change of mind by a consumer, this doesn't apply when the goods are sold by way of an online auction such as ebay.

So if it was a BIN from a trader there may be a right of return but if it was an auction, no right of return exists.

eBay however go beyond the legal requirement and require all business sellers to give change of mind refunds whether auction or BIN.

shaun_from_Africa

soolin wrote: »

eBay however go beyond the legal requirement and require all business sellers to give change of mind refunds whether auction or BIN.

I realise that but I was simply mentioning how UK legislation looks at it seeing as many people had already brought up the subject of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.