Refund issue
Author
Discussion

dba7108

Original Poster:

738 posts

198 months

Friday 8th June 2018
quotequote all
Bought a table from well known high street store via their ebay store. Table came, had crack in glass. Contacted them to come and collect no response. Did it again no response. Opened a case with ebay they said for me to contact them again so I did. No response. I asked ebay for more help they said try another time, so I phoned them and they said no you cant return it for a refund as its past our returns policy days. So ebay refunded me money back on to my mastercard and told me to dispose of the item which I did. 3 days later (today) high street store finally calling me asking to pick item up. Havent called them back yet but wanted to know my legal stance on this.

Item was £660.
I have copy of ebay chat advising to dispose of item.

PurpleMoonlight

22,362 posts

187 months

Friday 8th June 2018
quotequote all
Ebay are not qualifed to provide legal advice.

You should have given the retailer notice of intended disposal and opportunity to collect.

surveyor_101

5,069 posts

209 months

Friday 8th June 2018
quotequote all
Not alot they can do just create a log of the times you contacted them and say they breached ebay terms.

Once ebay refunded you the item was tipped.

Alucidnation

16,810 posts

200 months

Friday 8th June 2018
quotequote all
What’s the issue?

You’ve had your money back.

fastbikes76

2,450 posts

152 months

Friday 8th June 2018
quotequote all
Tell them eBay bought the table back off you for £660 and to deal with them now.

Osinjak

5,453 posts

151 months

Friday 8th June 2018
quotequote all
Alucidnation said:
What’s the issue?

You’ve had your money back.
Encore vous. Read the post properly you weapons grade troll.

Alucidnation

16,810 posts

200 months

Saturday 9th June 2018
quotequote all
laugh

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
As above, direct them to eBay. You were told to dispose of it and refunded by eBay, it’s their problem now.

PurpleMoonlight

22,362 posts

187 months

Saturday 9th June 2018
quotequote all
Butter Face said:
As above, direct them to eBay. You were told to dispose of it and refunded by eBay, it’s their problem now.
Was ebay the owner of the table?

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
PurpleMoonlight said:
Butter Face said:
As above, direct them to eBay. You were told to dispose of it and refunded by eBay, it’s their problem now.
Was ebay the owner of the table?
They are now. If you don’t get a resolution from a seller (which the OP didn’t) and escalate through the Money back guarantee (which he did) its then eBays decision. They may not even take any money off the seller, they sometimes just soak it up to give the buyer a quick resolution.

PurpleMoonlight

22,362 posts

187 months

Saturday 9th June 2018
quotequote all
Butter Face said:
They are now. If you don’t get a resolution from a seller (which the OP didn’t) and escalate through the Money back guarantee (which he did) its then eBays decision. They may not even take any money off the seller, they sometimes just soak it up to give the buyer a quick resolution.
If the retailer has not been charged back then why do they want their table back?

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
PurpleMoonlight said:
Butter Face said:
They are now. If you don’t get a resolution from a seller (which the OP didn’t) and escalate through the Money back guarantee (which he did) its then eBays decision. They may not even take any money off the seller, they sometimes just soak it up to give the buyer a quick resolution.
If the retailer has not been charged back then why do they want their table back?
Unfortunately I am not an employee of the company or eBay so can’t answer that for you.

But as someone who has been in this position as an eBay buyer, my response to the seller was for them to contact eBay and deal with them, they have their agreement with eBay as does the buyer and if eBay refund and say to dispose of the item then so be it, it’s now down to the seller and eBay to sort it. Seller should have responded when the issue was first raised.

PurpleMoonlight

22,362 posts

187 months

Saturday 9th June 2018
quotequote all
Butter Face said:
Unfortunately I am not an employee of the company or eBay so can’t answer that for you.

But as someone who has been in this position as an eBay buyer, my response to the seller was for them to contact eBay and deal with them, they have their agreement with eBay as does the buyer and if eBay refund and say to dispose of the item then so be it, it’s now down to the seller and eBay to sort it. Seller should have responded when the issue was first raised.
It really isn't.

Ebay is not the Law of the land under which we live.

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
PurpleMoonlight said:
Butter Face said:
Unfortunately I am not an employee of the company or eBay so can’t answer that for you.

But as someone who has been in this position as an eBay buyer, my response to the seller was for them to contact eBay and deal with them, they have their agreement with eBay as does the buyer and if eBay refund and say to dispose of the item then so be it, it’s now down to the seller and eBay to sort it. Seller should have responded when the issue was first raised.
It really isn't.

Ebay is not the Law of the land under which we live.
No, but they are the intermediary in the transaction and have certain agreements and protections in place. If a seller doesn't meet their end of the deal (which after being contacted 3 times then refusing a refund) they haven't, it's down to eBay to make a decision, which they have done. The seller can suck it up or take it up with eBay now. OP has done nothing wrong and followed procedures set in place by eBay, do you not agree?

PurpleMoonlight

22,362 posts

187 months

Saturday 9th June 2018
quotequote all
Butter Face said:
No, but they are the intermediary in the transaction and have certain agreements and protections in place. If a seller doesn't meet their end of the deal (which after being contacted 3 times then refusing a refund) they haven't, it's down to eBay to make a decision, which they have done. The seller can suck it up or take it up with eBay now. OP has done nothing wrong and followed procedures set in place by eBay, do you not agree?
No I don't agree.

The contract with between buyer and seller, both of which have to comply with UK Law, not what Ebay say.

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
PurpleMoonlight said:
Butter Face said:
No, but they are the intermediary in the transaction and have certain agreements and protections in place. If a seller doesn't meet their end of the deal (which after being contacted 3 times then refusing a refund) they haven't, it's down to eBay to make a decision, which they have done. The seller can suck it up or take it up with eBay now. OP has done nothing wrong and followed procedures set in place by eBay, do you not agree?
No I don't agree.

The contract with between buyer and seller, both of which have to comply with UK Law, not what Ebay say.
Fair enough. I disagree because both buyer and seller have agreed to eBays terms when completing business through their platform. I am aware that their own T&C's do not replace UK law, but eBay will also be aware of this the likelyhood is that the seller will not have any financial penalty on them and no loss will be suffered.

The fact they have tried to reclaim the goods is probably a reaction to earlier contact from the OP and they had their chance to sort it then.

So, back to the OP, let eBay sort it out, it's kinda what the multi billion pound company do every day. smile

Butter Face

34,887 posts

190 months

Saturday 9th June 2018
quotequote all
Just to clarify:

'For item significantly not as described cases, you have 8 days to arrange one of the following:

send a replacement item, if this is what the buyer would prefer. Buyers are required to return the original item first. We expect you to post the replacement item and provide the related tracking information to the buyer within 3 days of receiving the returned item.;

refund the buyer. Buyers are required to return the original item first. We expect you to refund the buyer within 6 days of receiving the returned item;

offer a partial refund and the buyer can keep the item

contest the case by providing proof to eBay that the item was described properly (for example, the buyer is stating that the item is used rather than new, and the listing clearly describes the item as used).

At the end of the 8-day period, eBay will check with the buyer to see if they are satisfied. If the buyer is satisfied, the case is closed. If we don’t hear back from the buyer, we won’t refund them or hold you accountable for the transaction.

If the buyer is not satisfied, eBay will review the case. If we find in favour of the buyer, we will remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost, in a way similar to how PayPal currently reverses transactions; or, where there are insufficient funds in the seller’s PayPal account or where PayPal is not the reimbursement method of the seller, directly refund the buyer for the cost of the item and the original postage cost, and, in this situation, when appropriate, require the seller to reimburse us for the refund according to the process described in "How are reversals managed in the eBay Resolution system? ". Sellers must have a valid reimbursement method on file with eBay at all times

We understand that there will be times where both the buyer and the seller may be right. In those cases, eBay may absorb the cost to reimburse the buyer without any impact on you'

Which is likely what's happened because eBay have told OP to bin it.

irocfan

48,995 posts

220 months

Saturday 9th June 2018
quotequote all
PurpleMoonlight said:
Ebay is not the Law of the land under which we live.
no it isn't, but if both parties sell through eBay don't they then agree to abide by eBay's rules/T's&C's?

johnao

698 posts

273 months

Saturday 9th June 2018
quotequote all
dba7108 said:
I have copy of ebay chat advising to dispose of item.
Tell the seller that the item no longer exists and that you have written evidence of ebay's advice to dispose of the item.

I would suggest that the copy of the ebay chat advising to dispose of the item is conclusive.

anonymous-user

84 months

Saturday 9th June 2018
quotequote all
Do nothing for now