Ebay management of mis-selling of an item

TreeofLife

Hi,  I researched the internet for a second-hand silk robe, I found one on Ebay, I paid for it and it was delivered but it wasn't silk, the label read 100% polyester, but it was listed in the category under silk.  I contacted the seller to request a return but she said that she did not accept returns.  I explained that it had been incorrectly listed (sold), she continued to refuse and said that she was an experienced seller but that she couldn't  understand what the problem was.  I requested a return through Ebay and they accepted that I was entitled to a full refund but..
They said that the seller hadn't done anything wrong and that is how they were categorising this dispute.  The problem is that mis-selling is against the Consumer Rights Act whether it is innocent, negligent or fraudulent, it is against the laws of the land.
I think that Ebay should properly categorise these types of disputes because this action means any seller that knows that Ebay take a casual approach to legal activity may well chance their luck and take a similarly casual approach to accurately describing their items.
Ebay are failing to value the time and effort that buyers go to to research their purchases and they are left out of pocket even if they get their money back.

the_lunatic_is_in_my_head

Rare for eBay to side with the sellre, what option did you pick on the return? Has the seller had to provide a returns label? 

Did you upload a photo of the label showing 100% polyester when opening the return and note in the comments box it was listed as silk? 

tightauldgit

Was it described as silk in the listing or was it simply listed in the 'silk' category. as presumably that makes a difference? I don't think Ebay hold the category as part of the description for the purposes of 'item not as described' but i could be wrong. 

E.g. if you list a dining table in the 'bedroom furniture' section I don't think it would be SNAD provided it's clearly described as a dining table in the listing. 

RhondaD

eBay isn't a UK registered business so the laws of the land are probably not relevant.

soolin

RhondaD said:

eBay isn't a UK registered business so the laws of the land are probably not relevant.

eBay have a formal UK registration 

https://www.onlinefilings.co.uk/company/profile/12037643-ebay-commerce-uk-ltd/

EBAY COMMERCE UK LTD is an active Private Limited Company, registered at Companies House under the number 12037643. EBAY COMMERCE UK LTD was incorporated on 6 June 2019 with a registered office address based in London. EBAY COMMERCE UK LTD has been operating for 4 year(s) and 0 month(s). According to the latest confirmation statement submitted on 5 June 2022, there is currently 6 active director(s) and activities related to the SIC Code 64999 - Financial intermediation not elsewhere classified.

JetpackVelociraptor

Did the seller describe the item as being real silk anywhere? Or did it just turn up when you searched for "silk robe"? Did it say polyester or artificial silk inside the item description, item specifics or title? It's so unusual for eBay to side with the seller, I feel pretty confident that they didn't mislead you on purpose. The way ebay searches work mean that a search for "silk robe" will bring up anything with the words "silk" and "robe" in the title, even if the title actually said "artificial silk robe" or "faux silk robe" or something like that.

A few weeks ago I was searching for "three piece suite" and kept getting suits, sometimes eBay sellers can do everything right and still have problems.

soolin

The bit that matters is what is stated in the item specifics, if that says Silk then go back to ebay and argue. 

RhondaD

soolin said:

RhondaD said:

eBay isn't a UK registered business so the laws of the land are probably not relevant.

eBay have a formal UK registration 

https://www.onlinefilings.co.uk/company/profile/12037643-ebay-commerce-uk-ltd/

EBAY COMMERCE UK LTD is an active Private Limited Company, registered at Companies House under the number 12037643. EBAY COMMERCE UK LTD was incorporated on 6 June 2019 with a registered office address based in London. EBAY COMMERCE UK LTD has been operating for 4 year(s) and 0 month(s). According to the latest confirmation statement submitted on 5 June 2022, there is currently 6 active director(s) and activities related to the SIC Code 64999 - Financial intermediation not elsewhere classified.

I realised after, but will they still be under UK legal jurisdictions?

soolin

RhondaD said:

soolin said:

RhondaD said:

eBay isn't a UK registered business so the laws of the land are probably not relevant.

eBay have a formal UK registration 

https://www.onlinefilings.co.uk/company/profile/12037643-ebay-commerce-uk-ltd/

EBAY COMMERCE UK LTD is an active Private Limited Company, registered at Companies House under the number 12037643. EBAY COMMERCE UK LTD was incorporated on 6 June 2019 with a registered office address based in London. EBAY COMMERCE UK LTD has been operating for 4 year(s) and 0 month(s). According to the latest confirmation statement submitted on 5 June 2022, there is currently 6 active director(s) and activities related to the SIC Code 64999 - Financial intermediation not elsewhere classified.

I realised after, but will they still be under UK legal jurisdictions?

Yes, but was the item sold as silk or not as per the questions asked above?

Spoonie_Turtle

soolin said:

RhondaD said:

soolin said:

RhondaD said:

eBay isn't a UK registered business so the laws of the land are probably not relevant.

eBay have a formal UK registration 

https://www.onlinefilings.co.uk/company/profile/12037643-ebay-commerce-uk-ltd/

EBAY COMMERCE UK LTD is an active Private Limited Company, registered at Companies House under the number 12037643. EBAY COMMERCE UK LTD was incorporated on 6 June 2019 with a registered office address based in London. EBAY COMMERCE UK LTD has been operating for 4 year(s) and 0 month(s). According to the latest confirmation statement submitted on 5 June 2022, there is currently 6 active director(s) and activities related to the SIC Code 64999 - Financial intermediation not elsewhere classified.

I realised after, but will they still be under UK legal jurisdictions?

Yes, but was the item sold as silk or not as per the questions asked above?

Even if it was, what are they going to do, sue the seller for wasting their time?!  The SNAD got them a refund, the seller is evidently a private account as they 'don't accept returns', what more does the OP expect/want to happen?

GadgetGuru

As per Soolin’s suggestion - if the item was described as being Silk by the seller themselves, then the item can be returned via a SNAD claim. 
If it was not described as silk by the seller, and was just in the eBay category as such, then that changes things. 
Hence Soolin’s question is perfectly valid.