Full Version: Quick ebay question
From: MrStevens (BOFF) [#1]
7 Mar 21:31
To: ALL
But I'm not actually that bothered, so I asked about a refund. Here's the response:
quote:
Hi, we cant give a full refund as we have already paid around £5 in fees to paypal and ebay for this, plus the postage. Plus we will have to repackage as the blisterpack often gets a bit damaged in the mail. Therefore the most we can refund you is £19. If you want to go ahead please email us through our normal website customidea.com and we will give you the address and an RMA. Regards, Reuben.
That's from £25. Is that actually legit? I'm perfectly fine with chalking this up to retard tax on my part, but it seemed that description might be a bit disingenuous...
EDITED: 7 Mar 21:59 by BOFF
From: Mouse [#2]
7 Mar 22:01
To: MrStevens (BOFF) [#1] 7 Mar 23:21
Is it.. 9.9% of the final selling price on Ebay plus 40p insertion and then 3.4% plus 20p.
Although they could overide the Ebay charges by cancelling the sale and I think on Paypal too..
From: JonCooper [#3]
8 Mar 0:31
To: MrStevens (BOFF) [#1] 8 Mar 9:09
You do not have to accept the offer, you can go through eBay / paypal dispute procedure and (most likely) get all the money back - you will have to pay to send the stuff back, and I would advise sending it tracked/signed for.
linky
From: JonCooper [#4]
8 Mar 0:52
To: MrStevens (BOFF) [#1] 8 Mar 9:09
quote:
When do I have to refund a consumer’s money if they cancel
an order?
3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.
an order?
3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.
quote:
Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.
quote:
What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.
quote:
Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.
3.56 If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods –
see paragraph 3.1 for more information.
3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you
can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed
to make any further charges, such as a restocking charge or an
administration charge.
3.56 If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods –
see paragraph 3.1 for more information.
3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.
quote:
Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.
cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.
From: JonCooper [#5]
8 Mar 0:54
To: MrStevens (BOFF) [#1] 8 Mar 9:09
From: MrStevens (BOFF) [#6]
8 Mar 9:11
To: JonCooper [#5] 8 Mar 12:40
Yeah, this is what I thought, thanks for the info.
Pfeh. Dunno if I can be arsed pursuing it, or whether to even get a refund anyway.
From: Dave!! [#7]
8 Mar 11:48
To: JonCooper [#5] 8 Mar 12:40
From: JonCooper [#8]
8 Mar 12:43
To: Dave!! [#7] 8 Mar 13:10
you're right, the rules are very different for private sellers
though, quite often, eBay do step in these days and give a refund without involving the seller
ie; when the seller doesn't want to or doesn't have to do it, eBay might as a good will gesture