EBay returns

[FlyingPonyMonster]

Hello

I'm looking to buy a dress on eBay Brand new but seller says they don't accept returns, obviously concerned  if it doesn't fit or look right but their policy says they don't accept returns.

They're a business seller and it's a BIN so my understanding is they're obliged to accept returns in 7 days under distance selling regulations? Am I right? If I need to return it how to I evoke these rights?

Any advice?

FPM
X

[ponylady]

I am not sure exactly how that works if she states No Returns.  I would assume you would have to open a case and ebay will side with you because well that is how it works in ebay's world.

Maybe you could contact her and state your concerns about it not fitting.  She may be willing to work something out with you since she knows your concerns beforehand and doesn't think your pulling a fast one.  It wouldn't hurt to try 

Also Ebay has increased the amount of time to return something from 7 days to 14.  So you will have a little more time to return it if she agree's to take it back.

Good Luck and    here is to hoping it fits beautifully with no returns if you decide to purchase!

[FlyingPonyMonster]

Thanks I did contact them and they were like the measurements are there its up to you! Well i've bought it and we'll see, under UK law they have to permit a return so here's hoping all is ok as really hate opening disputes!

[DaffyDilly]

You are correct. They must accept a return by law and this is European legislation not just UK according to the Office of Fair Trading.

You will need to cancel under the distance selling regulations (make sure you include that bit!) in writing - i.e. by email, within 7 working days starting the day after you receive the dress. The seller must refund you your original postage (it is illegal to dock any restocking fees) and I am assuming that they won't have said anything about the return postage, in which case as long as they haven't stated that you have to pay those costs, they are liable for that too.

Make sure that you use a trackable shipping method when you return the dress although legally they have to refund you within 30 days from when you sent the cancellation regardless of whether they get the dress back or not.

If it comes to it and you want a hand writing the email, let me know.

[FlyingPonyMonster]

Thanks Daffy that's so reassuring xxxxx

[ponylady]

Thanks Daffy, that is good to know for future reference.

[RockinPrettyBeats]

I don't know anything about European laws but it's completely immoral to have a seller sell and ship you a dress knowing full well it might not fit. Then returning it knowing they are losing out on Ebay and Paypal fees AND the shipping they paid to ship it to you.

How would you like to have this done to you?

[FlyingPonyMonster]

I'm not buying it knowing full well it won't fit I'm pretty sure it will but you know what clothes are like they look perfect on the hanger but on they look terrible! I dont think I'm immoral.....But thank you for your perspective on my query, I assume you never buy something that's not quite right and take it back? By virtue of your comment you could say the same for retailers I mean the clerk who seved you is being paid wages if you buy something and take it back then you've wasted the stores time and money.... Or I don't know buying insurance and then cancelling during the cooling off period because you decide it's not right.... Someone's time and wages were wasted as well as resource/ materials in issuing the policy....

Post Merge: June 24, 2012, 11:45:37 AM

Distance selling regulations are there to protect the buyer....I cannot try the dress on before buying because it's a virtual shop so what do I do with a dress that looks terrible, keep it for fun and waste £40? Would you do that?

[DaffyDilly]

I don't know anything about European laws but it's completely immoral to have a seller sell and ship you a dress knowing full well it might not fit. Then returning it knowing they are losing out on Ebay and Paypal fees AND the shipping they paid to ship it to you.

How would you like to have this done to you?

I think that's a bit harsh.

This particular legislation is designed to encourage consumers to shop on line. It's different from laws which are designed to protect a customer from faulty or mis-sold items. Being able to return an item gives the consumer confidence because it's not like a shop where you can touch, feel and try on an item. Customers are allowed to inspect the goods and must take reasonable care.

If the ebay seller in question was complying with the distance selling regulations, they'd probably have written into the terms that the buyer pays return postage in which case FPM would have to do so. As it happens, this particular seller has implied that they won't be following legislation.

If you think about it, many online retailers have lower operating costs than a retail store would, so it probably balances out OK. Plus not many customers (or businesses!) are familiar with the DSR so you tend not to get many returns within that particular bit of legislation.

I work in a mail order business and train our staff on the DSR, so I know them inside out. It sucks to know that legally you must refund a customer even if you don't receive the item back (to then take them to court over it), but there are loop holes and grey areas. In reality we probably have one refund under DSR per month and we send out over 2500 orders a week.

I don't know for sure, but I suspect that if a transaction is reversed in Ebay (i.e. returned and refunded) then the seller gets their Ebay and PayPal fees credited. Certainly when we process a PayPal refund we get the original fees returned to us.

[little.fox]

I don't know anything about European laws but it's completely immoral to have a seller sell and ship you a dress knowing full well it might not fit. Then returning it knowing they are losing out on Ebay and Paypal fees AND the shipping they paid to ship it to you.

How would you like to have this done to you?

Um, surely everytime someone purchases a garment online there is a chance it will not fit? I don't see how it's immoral to purchase something and expect the right to return it if it's not right? Those are the rules, are they not?

Actually, I'm curious to know how eBay can allow sellers to put "No returns" as this apparently goes agains DSR?

[RockinPrettyBeats]

Actually, this european law only applies to business, not private transactions. So is a random seller on Ebay a business or a private transaction?

I don't know anything about European laws but it's completely immoral to have a seller sell and ship you a dress knowing full well it might not fit. Then returning it knowing they are losing out on Ebay and Paypal fees AND the shipping they paid to ship it to you.

How would you like to have this done to you?

Um, surely everytime someone purchases a garment online there is a chance it will not fit? I don't see how it's immoral to purchase something and expect the right to return it if it's not right? Those are the rules, are they not?

Actually, I'm curious to know how eBay can allow sellers to put "No returns" as this apparently goes agains DSR?

If the seller provides the size, measurements for you to determine why should they be liable if it doesn't fit you?

Plus, this law everyone is referring to applies only to businesses; NOT private transactions. Although I don't know what this seller is on Ebay, but lets face it, most of them are just private transactions. Not Walmarts selling online. Forcing a person to ship out items at their expense just for you to try them on is not fair.

Yeah, I do think it's immoral if a seller does not want to accept returns to force them to. Sorry, that's just weird.

If Someone bought a pony and said "Hi I had this pony for 5 days and no longer like the color I would like to return it now" I'm sure many people would ban the person and then complain about them.

[little.fox]

Well, that's your opinion RPB.

[FlyingPonyMonster]

It is a business seller, a buy it now auction and is therefore covered by distance selling. I have chosen the size that matches me so I hope it fits, I'm going to a wedding on Friday so really need it to fit otherwise I might be the naked guest Thanks daffy for your help, should I need to return it I'll let you know of I need your help. FPM xx

[DaffyDilly]

Actually, this european law only applies to business, not private transactions. So is a random seller on Ebay a business or a private transaction?

In most cases you can tell whether the seller is a business or not, regardless of whether they are set up as a business with ebay, because they put all of the information into the auction.

If the seller provides the size, measurements for you to determine why should they be liable if it doesn't fit you?

I got measured for a made to measure jacket once and it still had to be altered several times on me to get the fit right. I don't know about the US but in the UK, you can try the same brand, style and size of jeans on in the same store and they will fit completely differently. A business seller is liable because the law says so.

Plus, this law everyone is referring to applies only to businesses; NOT private transactions. Although I don't know what this seller is on Ebay, but lets face it, most of them are just private transactions. Not Walmarts selling online. Forcing a person to ship out items at their expense just for you to try them on is not fair.

We are discussing the legislation relating to businesses because the seller is a business - private sellers are a different kettle of fish and a different thread. Businesses should know about the DSR - they have a duty to comply with the appropriate legislation. If they don't do something about it - like factor in the risks of losing out on postage - then more fool them.

Yeah, I do think it's immoral if a seller does not want to accept returns to force them to. Sorry, that's just weird.

Then blame the government, not those of us who can use the legislation. This could all have been avoided if the seller said, we don't usually get returns but if you're happy to pay the return postage, we'll refund the cost of the item for you. I'm sure then FPM wouldn't have been bothered about the DSR. However the sellers attitude sucked.

If Someone bought a pony and said "Hi I had this pony for 5 days and no longer like the color I would like to return it now" I'm sure many people would ban the person and then complain about them.

Maybe. But the European business seller would have no choice but to accept the return.

You wouldn't shoot somebody and expect to not have to spend the time in jail for it, so whilst you may disagree with the premise of the DSR, you shouldn't think that it's OK for businesses not to comply just because it might put them out of pocket.

I see it from both sides. As a business, we get so few that in reality, it's not an issue. Most people don't know the legislation, so they won't cancel in writing so they aren't eligible for the original postage refund. Due to the fact that we do comply with the DSR and state in our terms that customers pay return postage (with the exception of where we sent an incorrect or faulty/damaged item) then we aren't liable to pay the return postage either.

As a customer, I will spend more online because I trust that I can return the item if when I receive it, it wasn't what I wanted after all. The only time where I might have requested the original postage be refunded to me, that postage was free in the first place.

[FlyingPonyMonster]

Panic over, no need for immorality, dress arrived and fits perfectly!! Huzzah