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Having now read the sale of goods act though, it appears that a private seller has no obligation to do any such thing and those Ebay rules have no basis in law. If a customer makes a purchase and provides an incorrect address then obviously they do not receive the goods. Lets assume the goods arrive back with the seller. Clearly a refund is in order because the customer has not received their order. BUT it is their fault. So is it allowed under the DSR regulations to withhold the initial postage costs from the refund?
In my book IF Ebay are failing to uphold the Distance selling rules then they are surely at fault themselves for allowing sellers to continue whilst knowing that they are failing to uphold the distance selling rules-IF this is the case are Ebay accountable or in breach of similar selling rules by knowingly allowing this to happen?
What’s the best site for buying wine online?
What is left for the buyer to do to get his return costs refunded? Jun 4, by Andrew Minalto - 76 Comments. Please check this article for latest information: Basically you should register as a business on eBay if you: Sell items that you have bought to resell; Make items yourself and sell them, intending to make a profit; Are a Trading Assistant; Buy items for your business. Information about the seller this must include the full name of your business, a geographical address and working contact number, as well as a contact email address. An accurate description of the goods or services you are offering.
The price of the goods or services you are offering, including all included and applicable taxes. Details on any delivery costs. Details on how payment can be made.
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Perishable goods or any item that deteriorates rapidly, such as food or fresh flowers; CDs, DVDs or other software where the seal on the wrapping has been broken; Custom-made or personalised goods; Underwear, earrings etc. Who Pays for the Return of Goods? As stated in the Sale of Goods Act section 48b, part 2 if anyone would like to check for themselves: Until next time, Andrew. Philip 2 months ago. Private seller on Ebay Sold item listed with no returns accepted.
Precursor to this was buyer asking if a particular part was present and querying the postage. Andrew Minalto 2 months ago. Hi Philip, Thanks for your comment. Yes, eBay rules allow private sellers to NOT accept returns. Thanks, Andrew. Stephanie 3 months ago.
Andrew Minalto 3 months ago. Rachael 6 months ago. Jo Parks 7 months ago. Andrew Minalto 7 months ago. Carole 1 year ago. Nat 1 year ago. She received the Parcel on Monday 27th, signed for it, then left me negative feedback. Any advice welcome. Thank you Nat. Andrew Minalto 1 year ago.
She would refuse the delivery and item would be returned back to you. Problem solved. Take the loss. Hi Steve, Thanks for your comment and for sharing your story. Richard Cutts 2 years ago. Andrew Minalto 2 years ago. So just get over it! Rosie 2 years ago. Hi Andrew, Great blog and articles! Andrew, thank you so much for coming back so quickly. Much appreciated. I wish the judge would slap his face! MJC 2 years ago. MJC Out. If for one — they will probably become even more seller un-friendly over next decades.
Haynes 2 years ago. Private sellers can choose to not offer any returns. Mike 2 years ago. Is there anything we can do about it or do we just have to accept it? Hi Mike, Thanks for your comment. We simply have to accept these rules as is. Peter Howells 2 years ago. Andrew Thanks for an informative and useful article.
If you would take your time and notice the date of this post it is June 4th, And I will try to update this post asap. Peter Edwards 2 years ago. Thanks Peter, will look into this. Georgie Stevens 2 years ago. Hi Can you tell me where I stand on this then please? Hi Georgie, Thanks for your comment.
Pamela Martin 3 years ago. Andrew Minalto 3 years ago. Hi Pamela, Such one time, expensive sale probably pulled some triggers and basically marked this transaction as high risk. Hi Adam, Depends on whatever you have opted in for returns or not: Joanne Ostle 3 years ago. Amanda 3 years ago. This is exactly why you should only ship to address on order and nothing else. Robert 3 years ago. Hi Robert, What was the cost of this item? And how much you paid for return shipping?
Yes, I understand that Robert. Christopher Wilson 3 years ago. Roy 3 years ago. Alex 3 years ago. This is basically your responsibility to be aware of local import taxes… You can probably simply refuse to accept the package and it will be sent back to seller so you can claim your refund.
Andy 3 years ago. Si 3 years ago. A davis 3 years ago. Hi Andrew I have just over positive feedbacks in eBay, I recently sold a item to zero rating feedback buyer, the buyer claimed the item was a replica with no proof I disputed this but eBay has sided with him, froze my PayPal account and stated that I pay return postage as well. Many thanks A Davis. Received 3 negatives as a seller?
Ju 3 years ago.
They extend the return period to be more competitive compared to same Amazon for example. I have written my thoughts on the new eBay rules here: S Wright 4 years ago. Hi Andrew Could you possibly advise me as it appears that there is a somewhat grey area surrounding returns of new earrings on ebay when you are the designer of the earrings.
Is buying online from China a good idea? | Money | The Guardian
Andrew Minalto 4 years ago. Brian Thomas 4 years ago. Hi Brian, But it is actually the law that states that we have to accept returns for whatever reason within 14 days of purchase. Harry 4 years ago. Ron 4 years ago. Lets assume the goods arrive back with the seller On investigation customer and seller agree that the seller provided the incorrect address. Consumer Direct has produced some helpful guidance regarding contracts. Unfair Contract Terms In general, companies are free to use whatever contractual terms and conditions they consider reasonable.
If prospective customers are unhappy with these they can attempt to re-negotiate the terms in question or go elsewhere.
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There are, however, some legal safeguards for consumers in relation to unfair contract terms. Companies who deal with consumers and use standard form contracts must ensure they do not use unfair terms. If a term is unfair, it will not bind the consumer. Please see https: Types of statements that are prohibited by law Any statement which could have the effect of causing the average person to believe that they have less or no consumer rights to pursue a justified claim against a trader is void and may amount to a criminal offence under the Consumer Protection from Unfair Trading Regulations Below, you will find a list of the typical restrictive statements which may not be used:.
Notices of this type are not acceptable and cannot be made compliant by including the statement 'your statutory rights are not affected'. Most consumers are not fully aware of their consumer rights therefore this disclaimer is ineffective. Further information on your rights where you encounter restrictive statements. Consumer Contracts Regulations The Consumer Contracts Information, Cancellation and Additional Payments Regulations apply to sales made by a seller acting in the course of business to a consumer which have been concluded at a distance.
In other words, where there is no face to face contact between the seller and the consumer. This would cover sales over the internet. Under the Consumer Contracts Regulations a business seller has to refund the price of an item and original delivery charges if the consumer changes their mind within 14 calendar days of when they receive the returned item or proof that the return has been posted.
Sellers can set a longer returns timeframe if they choose. Consumers then have an additional 14 calendar days from when they let sellers know they want to return the item, to actually return it, or provide proof of the return. Legally, sellers will have to refund the original delivery charges as well, to the value of the cheapest postage option. Sellers can specify a returns timeframe and who pays for return postage when they create their returns policy. Sellers must inform their customers of their right to withdraw from the contract within the 14 day cooling-off period.
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If sellers do not provide this information, consumers have up to 12 months to return an item for a refund. You can read more about online and distance selling for businesses on the UK Government website. Consumer Rights Legislation The most important piece of legislation relating to the sale of goods through eBay. The Act provides that wherever goods are bought by a consumer they must meet certain minimum standards. This means that items sold through eBay by business sellers must be:. Therefore goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe and durable.
Where the seller is a private individual, the goods must be "as described". The goods are not legally required to be of "satisfactory quality" or "fit for purpose". The Act applies to both new and used items. It's worth bearing in mind that second-hand goods are likely to be judged less rigorously new goods. For example, it's not reasonable to expect that used goods will be of the same quality as new goods.
In any event, sellers of second hand goods remain under an obligation to ensure that the goods are as described. While some sites might offer protections, they are not the law. For instance, AliExpress promises a full refund if a buyer does not receive an order, or a full or partial refund if the item is not as described. Jan Carton from Citizens Advice says there are some rights which come with credit cards and debit cards regardless of whether goods are being bought under UK law. While the price of some goods — such as the iPhone cover for 86p — might suggest that a purchase is a no-brainer, there is the potential for problems.
Delivery charges are included on many items but not on others, so prices can quickly go from bargain to overpriced. Key, too, is the amount of time it can take for your order to arrive. In the case of delivery from China that can be weeks, so patience is required. Allow between 20 and 40 days for an AliExpress item, although this can be reduced by paying for a courier service. Where costs can really add up are in VAT and customs charges. Customs duty at 2. After the first full post-Brexit summer, few people who have travelled outside the UK will be unaware of the hammering sterling has taken since the vote to leave the European Union.