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Ebay question
carpmart - 23/9/10 at 09:23 AM

A question?

Do distance selling regulations mean that items sent incorrectly and not as described in the listing of a TRADER on a buy-it-now listing, should be collected by the seller at their cost? It's not the purchasers responsibility to return an incorrectly listed item?

Factual opinions will be very welcome!

BenB - 23/9/10 at 09:28 AM

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.

NB- this is a leaflet aimed at the vendor IE they pay.

oft698.pdf (application_pdf Object) (http://www.oft.gov.uk/NR/rdonlyres/1E6F3C94-8BB0-4374-A65B-6281E030C3C9/0/oft698.pdf)

carpmart - 23/9/10 at 09:41 AM

So, I can sell an item and send something which is SNAD (significantly not as described) to the purchaser and the purchaser then has to pay to return the item to me, is that correct?

If it is correct, its completely unfair to the purchaser!

MikeR - 23/9/10 at 09:47 AM

I'd speak to citizens advice

minitici - 23/9/10 at 09:56 AM

quote:
Originally posted by carpmart
So, I can sell an item and send something which is SNAD (significantly not as described) to the purchaser and the purchaser then has to pay to return the item to me, is that correct?

If it is correct, its completely unfair to the purchaser!


Read what Ben said above!
If the item is SNAD then the item does not comply with the contract.

...and read the oft leaflet - it gives very comprehesive guidelines for most circumstances.

Be aware that true auctions may be exempt from DSR ( but "buy-it-now" is not exempt).

Also if the transaction is B2B then DSR does not apply.

Generally, the seller can only charge for or insist on return of the goods if this is written into the terms of the sale. The seller cannot charge for return if the goods are faulty or SNAD.

carpmart - 23/9/10 at 10:11 AM

quote:
Originally posted by minitici
quote:
Originally posted by carpmart
So, I can sell an item and send something which is SNAD (significantly not as described) to the purchaser and the purchaser then has to pay to return the item to me, is that correct?

If it is correct, its completely unfair to the purchaser!


Read what Ben said above!
If the item is SNAD then the item does not comply with the contract.

...and read the oft leaflet - it gives very comprehesive guidelines for most circumstances.

Be aware that true auctions may be exempt from DSR ( but "buy-it-now" is not exempt).

Also if the transaction is B2B then DSR does not apply.

Generally, the seller can only charge for or insist on return of the goods if this is written into the terms of the sale. The seller cannot charge for return if the goods are faulty or SNAD.


Got it now!

Ben wrote it saying that the seller will have to pay, I read it incorrectly as the buyer will have to pay!

So, I'm the buyer in this situation. I've told the seller that the item is SNAD and ready for collection. They have responded that I have to return it and they won't cover the return postage!

I've given them 7 days to collect else its the small claims court!

BenB - 23/9/10 at 11:05 AM

Yes, just refer them to the PDF online which quite clearly say it's their responsibility.... and threaten the small claims court as you say. They'll back down (in as much as it's obvious they'd loose).