Misled by eBay on distance selling laws and made to issue a refund - private seller

[glassdome]

Hi, please go easy as this is my first post. 

So I am a private seller - 20 years eBay, 1200 rating and 100% positive feedback.

I sold a tool chest on wheels on eBay as a 7 day auction. Collection only and stated clearly that no returns are accepted and buyers had to collect in person - no couriers. Listing was honest and clearly stated no returns or refunds. The buyer who won the auction, personally collected and inspected the item. He wheeled the tool chest with one hand the 50 feet to his car, loaded it up happy and went off.  We have all of this on CCTV and the recording was stated as available to eBay. 

We then receive a note from the buyer a day later stating that the chest is not as described as it is damaged and can't be wheeled, he even stated that it falls over if you don't hold it. 

This is not the case as evidenced from the CCTV.  As a result, I refused to accept it back and suggested after a bit of back and forth correspondence that a dispute needs to be opened for eBay to adjudicate. 

Disappointingly eBay did not review the cctv video and ruled in the buyer's favour. 

I called eBay to understand why. EBay stated that U.K. law distance selling law applies and stated that I have to accept a return and refund. I reiterated it was an auction and I'm a private seller. The advisor on the returns team stated that I was wrong and distance selling laws applied even though it was an auction and the buyer collected the item. 

I challenged this three times. He even stated that it did not matter that the buyer personally collected and inspected the item. 

Now I'm left having to accept a return of a now damaged tool chest which I suspect the buyer dropped when he took the item out of his car. Otherwise he would have had no chance of rolling it across our drive which is on a slight slope and is block paving. To wheel the unit smoothly with one hand, and now state the unit can't be moved. 

Is eBay right? Or have they misled me?

Do distance selling laws apply to me as a private seller in the instance outlined above. Sounds like I have a broken cabinet and a refund to the buyer. 

Any advice would be greatly appreciated as at the moment I am super disappointed as left thinking I may abandon eBay entirely.  

[tornari-group]

The below came up on a Google search:

"DSRs don’t apply to auction-style format listings on eBay, only Buy it now listings and Second Chance Offers.

DSRs also do not apply to private sellers. There seems to be come confusion about this but there shouldn’t be as the law is completely clear – if you are a private seller (i.e. you are not acting for business purposes for either yourself or on behalf of someone else) then you do not have to comply with DSRs."

Andrew Minalto is the originator of this information.

Maybe you need to go back to eBay CS and try again. Or, I would accept the return, when your customer brings it back, show him the video...

Good luck.

[plpmr]

" EBay stated that U.K. law distance selling law applies" 

clearly whoever you spoke to at CS did not know what they were talking about.

however if a buyer opens a not as described case a buyer needs to accept and issue a prepaid returns label and refund on return - a seller cannot win a not as described case..

always best to get cash on collection.

[nigel_paul_wright7557]

The ebay money back guarantee applies here which is what you agreed to when you signed up to ebay.

Also you cant start adding your own terms and conditions to an ebay sale as ebays rules over rule them.

[four_mid_able]

So ,as Ebay found in buyers favour have you already refunded as normally the buyer would have to return the item at your cost by trackable method to be refunded.

I'm taking it the buyer paid through Ebay and not in cash.

If i was the buyer and had paid online i wouldn't be happy returning the item and be reliant on you refunding through the claim as any refund would only be initiated ,it wouldn't be instant.

[glassdome]

It was a collection only item and the person collected it personally.  He inspected the item before he then wheeled it freely to his car and loaded it. 

He only opened a return case after he had the item at home.  I suspect, as the unit is heavy, that he dropped it getting it out of the vehicle. 

[glassdome]

I am not trying to add my own terms but surely if someone collects an item in person and inspects the item before they take it away. With video evidence of them being able to roll a unit over 50 feet.

Then when they get it home they claim that it is significantly damaged and doesn't roll. Something isn't right on the buyers side. 

[glassdome]

Just for the avoidance of doubt. The buyer paid via PayPal. Then personally collected and inspected the item. Wheeled it himself (around 50 feet down a sloping block paved drive with ease) using only one hand to his car. Then loaded it himself to his car. 

It was only after he got it home that he opened the dispute stating the unit does not move without falling over. 

[papso22]

EBay's money back guarantee gives buyers additional protection to that given by the law.  In effect this means that all sales, business, private, collection, auction, are covered by the Consumer Contracts Regulations as long as payment is through ebay checkout.  You agreed to this by using the site.

Buyers who collect items themselves and pay otherwise than by cash are covered by the ebay money back guarantee the same as any other buyer.

EBay won't look at your evidence when they make their first decision, they might do in an appeal.

If you took the buyer to court, they would look at the evidence on the CCTV. 

[bravergrace]

You've been on eBay many years, and the rules have changed during that time.  Unfortunately, eBay doesn't really make this clear to sellers.  In the old days, when you started on eBay, you would probably have advertised the item as cash on collection only, the buyer would have checked the item, paid cash, and eBay would have supported you up to the hilt.

But over the years, there have been changes.  The current situation is this:

- You advertise the item, eBay force (or practically force) the buyer to pay as soon as the auction ends.

- The buyer makes a complaint of "not as described".

- eBay force you to accept the item back and refund the buyer.

- You can then appeal to eBay, and you MIGHT win the appeal, because you've got evidence.

The eBay rep who told you  the distance selling law applies was mistaken, because you are not running a business.  If you look at the original listing, you can see that eBay have added this to it:

Registered as private seller, so consumer rights stemming from EU consumer protection law do not apply. eBay Money Back Guarantee still applies to most purchases.

They are right about this.  Consumer rights don't apply because you're not running a business.   EU law doesn't apply because you're not in the UK.  So the buyer can't just send it back for a refund.  They have to apply under the "eBay Money Back Guarantee".  That means they have to find fault with the item - which is what they have done.

The best thing that can happen now, is:

- you appeal to eBay and win the appeal

or

- you get the tool chest back and make a refund.  Then hopefully you can sell it again.   Is that what's happening, or have eBay made you refund the buyer and told them to keep the tool chest for free?

Funnily enough, one of my family once sold a tool chest on eBay auction, and they were in the same position as you.  They sold it as a private seller the buyer disagreed with the seller about the item condition, and the seller refused to refund on principle.   They nearly lost their eBay account over it. 

In the end, they agreed to accept the return, refunded, and sold it again for a higher price.   It was really upsetting, so I can understand your feelings.  But you're probably best off accepting it back, refunding, and reselling it (possibly not on eBay, to avoid the stress!) - obviously, if it is damaged now, you'll have to point this out on the listing.

PS (not important because it only applies to business sellers, but just for information): The stuff about eBay auctions not being covered by the law is a red herring, because eBay auctions don't let people inspect the item before they bid, so they don't count as proper auctions for consumer rights.