Consumer Rights Act and private sellers?
Discussion
I sold something on Ebay as "Used" and stated I have not tested the item (I don't have the equipment to). I reiterated this in the Description.
The Buyer has bought, complained, Ebay sided with them and now I've got to refund and pay for original and return postage.
However, apparently the Consumer Rights Act says, because I'm a private seller, the Buyer isn't entitled to a refund unless I lied/misrepresented:
If you do buy a second-hand item from a private individual it only has to match any advertised description. This limited protection falls under The Misrepresentation Act for when an untrue fact or statement is made by the seller to convince a buyer to make a purchase.
A private seller isn't under any obligation to tell you about any faults or defects, and there's no requirement for the item to be of satisfactory quality or suitable for any specific purpose.
https://www.catalystlaw.co.uk/blog/consumer-rights...
I have told Ebay this and they're effectively ignoring UK law. They said they have their own rules.
Does anyone know where exactly, in the Consumer Rights Act 2015, it references private sellers?
The Buyer has bought, complained, Ebay sided with them and now I've got to refund and pay for original and return postage.
However, apparently the Consumer Rights Act says, because I'm a private seller, the Buyer isn't entitled to a refund unless I lied/misrepresented:
If you do buy a second-hand item from a private individual it only has to match any advertised description. This limited protection falls under The Misrepresentation Act for when an untrue fact or statement is made by the seller to convince a buyer to make a purchase.
A private seller isn't under any obligation to tell you about any faults or defects, and there's no requirement for the item to be of satisfactory quality or suitable for any specific purpose.
https://www.catalystlaw.co.uk/blog/consumer-rights...
I have told Ebay this and they're effectively ignoring UK law. They said they have their own rules.
Does anyone know where exactly, in the Consumer Rights Act 2015, it references private sellers?
Edited by faa77 on Thursday 19th March 17:10
faa77 said:
I have told Ebay this and they're effectively ignoring UK law. They said they have their own rules.
Does anyone know where exactly, in the Consumer Rights Act 2015, it references private sellers?
They are not ignoring UK law. You used their platform underwhich you agreed to follow eBay rules which can be different to UK law. Whether this is enforceable is another question. Does anyone know where exactly, in the Consumer Rights Act 2015, it references private sellers?
Edited by faa77 on Thursday 19th March 17:10
Despite many telling you that there is no point using Ebay because of all the hassle - I can count on one hand the number of times I've had an issue as a seller.
However, what I've quickly learnt is that as a seller, once there is a complaint, just agree to the refund and say it will be paid once the item is received - Ebay will side with the buyer in 99% of cases.
Where you do have a leg to stand on is when they claim non-delivery and you've used a fully trackable service to show it was delivered, those are the only situations I've won as a seller.
You get plenty of people with buyers remorse and will just choose the "not as described" option when filling for a refund - Ebay don't want to listen to what you have to say, so just suck it up unfortunately.
There are far more good buyers than bad on the platform thankfully.
However, what I've quickly learnt is that as a seller, once there is a complaint, just agree to the refund and say it will be paid once the item is received - Ebay will side with the buyer in 99% of cases.
Where you do have a leg to stand on is when they claim non-delivery and you've used a fully trackable service to show it was delivered, those are the only situations I've won as a seller.
You get plenty of people with buyers remorse and will just choose the "not as described" option when filling for a refund - Ebay don't want to listen to what you have to say, so just suck it up unfortunately.
There are far more good buyers than bad on the platform thankfully.
Stoofa said:
Despite many telling you that there is no point using Ebay because of all the hassle - I can count on one hand the number of times I've had an issue as a seller.
However, what I've quickly learnt is that as a seller, once there is a complaint, just agree to the refund and say it will be paid once the item is received - Ebay will side with the buyer in 99% of cases.
Where you do have a leg to stand on is when they claim non-delivery and you've used a fully trackable service to show it was delivered, those are the only situations I've won as a seller.
You get plenty of people with buyers remorse and will just choose the "not as described" option when filling for a refund - Ebay don't want to listen to what you have to say, so just suck it up unfortunately.
There are far more good buyers than bad on the platform thankfully.
I've had several occasions where the tracked delivery said that it was received when it wasn't.However, what I've quickly learnt is that as a seller, once there is a complaint, just agree to the refund and say it will be paid once the item is received - Ebay will side with the buyer in 99% of cases.
Where you do have a leg to stand on is when they claim non-delivery and you've used a fully trackable service to show it was delivered, those are the only situations I've won as a seller.
You get plenty of people with buyers remorse and will just choose the "not as described" option when filling for a refund - Ebay don't want to listen to what you have to say, so just suck it up unfortunately.
There are far more good buyers than bad on the platform thankfully.
The last was yesterday. I informed the seller and I'm still waiting for them to contact me.
The Courier had delivered it to a house with a different postcode.
Luckily, the owner took the time to deliver it to me, otherwise I could have been in the same position as you mentioned.
Tim
Watched a video on youtube, Ebay admitted they will refund buyer in most cases, even if they broke item and returned it.
https://www.youtube.com/watch?v=g2dAa-afItU
https://www.youtube.com/watch?v=g2dAa-afItU
Cylon2007 said:
"I have told Ebay this and they're effectively ignoring UK law. They said they have their own rules."
This, they do have their own rules and by using them your are accepting those rules.
Agreed unfortunately. As eBay are giving the buyer additional rights they can do what they want. If you use them then you agreed to the extra protection for the buyer.This, they do have their own rules and by using them your are accepting those rules.
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