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Re: ebay problem
Returning goods to business sellers (Faulty or not) - who pays postage?
I've actually noticed one thing in many business adverts that can be VERY off putting for bidders. It's the sellers returns policy.
They usually state for an item to be returned within 7 days and that they are not responsible for outgoing and incoming P&P charges.
That is like saying - "you may as well keep it, as it's going to cost you as much to get it back to me, (including Recorded Delivery and handling charge), - more than the item cost".
This is against the law of England (but does not cover overseas purchases).
It could be that they are simply unaware of their obligations re. postage - not many businesses understand the legislation that applies to them.
IN GENERAL - a seller can usually state a 7 day ''cooling off'' period so a buyer can send the item back if they do not want it (not faulty).
As long as the complaint is made within 7 days, then the buyer can return it within a reasonable period of time (usually 30 days is seemed fair).
The seller is obliged to refund P&P cost (by law).
If the item is found faulty (usually within 6 months) ..... then the seller has to refund return P&P costs so that the customer does not lose any money at all.
So, as you can imagine - seeing a seller writing that they are not responsible for these costs on an advert, might be off putting to potential buyers.
I know that it puts me off as it shows me that the seller might not be trustworthy.
Although business sellers will often deny it they should pay all costs directly and indirectly associated to the faulty product and that includes postage
The distance selling regulations specifically state that the seller cannot impose costs for an item being returned in accordance with the regulations.
Most companies will send a pre-paid envelope.
The following is an extract from the OFTs guide to businesses on distance selling:
Q. 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. - Delivery
forms an essential part of the contract.
That is to do with cancellation. The next bit is more relevant:
Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?
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.
After the deadline for cancellation has passed, a consumer
claims that goods are faulty or services do not conform to
the contract. Do I have to refund the consumer’s money?
3.67
In general the DSRs do not affect the consumer’s rights under other
legislation, for example the Sale of Goods Act 1979 or the Supply
of Goods and Services Act 1982. If the goods or services do not
conform to the contract and consumers exercise their rights to reject
them, you will have to refund their money.
3.68
If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
The above is from the OFT guide here http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf
If you are having problems with a business seller, I would contact the seller again, with this paragraph:
I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that,
where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979),
the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis-applied.
As such, the cost of bearing the return cost lies with yourselves.
I therefore expect that you will fulfil your contractual and statutory obligation to refund my full costs including postage.
Remember. This only applies to business sellers and not private sales. Now you know why eBay wants everyone to register as a business.
Just wait until the Tax man gets to private sellers that have been forced to register as a business
I hope this helps.
Returning goods to business sellers (Faulty or not) - who pays postage?
I've actually noticed one thing in many business adverts that can be VERY off putting for bidders. It's the sellers returns policy.
They usually state for an item to be returned within 7 days and that they are not responsible for outgoing and incoming P&P charges.
That is like saying - "you may as well keep it, as it's going to cost you as much to get it back to me, (including Recorded Delivery and handling charge), - more than the item cost".
This is against the law of England (but does not cover overseas purchases).
It could be that they are simply unaware of their obligations re. postage - not many businesses understand the legislation that applies to them.
IN GENERAL - a seller can usually state a 7 day ''cooling off'' period so a buyer can send the item back if they do not want it (not faulty).
As long as the complaint is made within 7 days, then the buyer can return it within a reasonable period of time (usually 30 days is seemed fair).
The seller is obliged to refund P&P cost (by law).
If the item is found faulty (usually within 6 months) ..... then the seller has to refund return P&P costs so that the customer does not lose any money at all.
So, as you can imagine - seeing a seller writing that they are not responsible for these costs on an advert, might be off putting to potential buyers.
I know that it puts me off as it shows me that the seller might not be trustworthy.
Although business sellers will often deny it they should pay all costs directly and indirectly associated to the faulty product and that includes postage
The distance selling regulations specifically state that the seller cannot impose costs for an item being returned in accordance with the regulations.
Most companies will send a pre-paid envelope.
The following is an extract from the OFTs guide to businesses on distance selling:
Q. 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. - Delivery
forms an essential part of the contract.
That is to do with cancellation. The next bit is more relevant:
Return of goods following cancellation (Regulation 17)
Who pays for returning the goods if the consumer cancels
an order?
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.
After the deadline for cancellation has passed, a consumer
claims that goods are faulty or services do not conform to
the contract. Do I have to refund the consumer’s money?
3.67
In general the DSRs do not affect the consumer’s rights under other
legislation, for example the Sale of Goods Act 1979 or the Supply
of Goods and Services Act 1982. If the goods or services do not
conform to the contract and consumers exercise their rights to reject
them, you will have to refund their money.
3.68
If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
The above is from the OFT guide here http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf
If you are having problems with a business seller, I would contact the seller again, with this paragraph:
I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that,
where goods are returned as a right due to a breach of a term implied by statute (specifically s. 14 of the Sale of Goods Act 1979),
the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is dis-applied.
As such, the cost of bearing the return cost lies with yourselves.
I therefore expect that you will fulfil your contractual and statutory obligation to refund my full costs including postage.
Remember. This only applies to business sellers and not private sales. Now you know why eBay wants everyone to register as a business.
Just wait until the Tax man gets to private sellers that have been forced to register as a business
I hope this helps.
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