Returning a product I changed my mind on

[pbow4739]

I changed my mind within 30 days, which I can do under the Consumer Protection Act. I did it by phone and the agent asked me for a more specific reason, which I said was because the specifications which weren't supplied by ebay I had learnt by ringing the seller and they were not suitable. I made it clear that despite this I still had the right to return the goods, no questions asked because of the Act. But today they have refused because they say the product was delivered to the right address. I can't log in to the case details to investigate further because there's a tech problem their end. What do I do?

[red_magpie]

It's hard to help you if you don't provide the essential information.

When did you buy this, how did you pay, is the seller a private or a business seller, in the UK or abroad and what it their stated returns policy? What type of case have you opened?

There is little point in talking to eBay's customer support about your legal rights. You didn't buy it from eBay, you bought it from an eBay seller. EBay is not a law enforcement agency and its overseas call centre staff won't know about the law. EBay is only responsible for enforcing its own buyer protection policies, which are in addition to your statutory consumer rights.

If you wish to let us have more information someone here may be able to advise you what to do.

Whatever you do, don't close the case, as once closed that's the end of it.

[pbow4739]

Thanks for your helpful reply.

The item is a portable garden bike shed costing £99.

The seller is UK based and an established firm, not a private individual. An agent there told me that as I bought it from eBay I have to go back through eBay which I did.

eBay said they wd contact the seller, whose customer service agent indicated they wd be sympathetic because the reason I changed my mind was because there were no specifications of height, width and depth of the product on the eBay platform.

The seller gave me these over the phone, and that’s when I realised it was much bigger than I thought and followed their advice to initiate the refund via ebay.

I bought it by credit card as a guest (because I had difficulty logging into my account) on July 16.

There was initial confusion that it hadn’t arrived which led to a complaint by me, lodged on or around June 22. But once this was resolved that was the end of that.

However, a few days after that, when I realised it was the wrong product for me I told the eBay agent why I was returning it and asking for a full refund.

I also reminded him that under Cknsmer Law the seller had to take it back if there was no damage to it (it has not been unboxed).

However, the email refusal said it was because the item had arrived, so I believe they were applying the old non-delivery complaint which had been resolved.

eBay may be the selling platform and merely relaying to me the reasons why the seller is saying no.

But I believe this is because either eBay or the seller are applying details of my old and resolved non-arrival complaint.

The email from eBay said they had closed the case but gave me the option of appealing.

However, there was and continues to be a tech problem on the website, the reason I handled the whole thing through the eBay customer services agent.
I hope this is enough further information for you to be able to advise me further.
Cheers.

Penny Bowden

[tobiasd4]

Ebay provide 30 days MBG, you should have open ebay case & returned item. Yes you are covered by consumer law, but that is outside of ebay policy & they won't help you with that.

[fargvs]

''I bought it by credit card as a guest (because I had difficulty logging into my account) on July 16.'' (? June 16?? > you may have more success if you use the PayPal Resolution Centre to raise a suitable return case there > https://www.paypal.com/uk/webapps/mpp/refunded-returns 

and > https://www.paypal.com/uk/smarthelp/article/what-if-i-didn't-receive-my-item-or-it's-not-as-advertis...

[pbow4739]

But I bought it by credit card, not via PayPal.
Are you saying then I should ask my credit card company to take it up?


Penny Bowden

[pbow4739]

I did open an eBay case the result of which was as I described in my long previous email.

The reason I gave for returning the product that it was too big - something I wasn’t able to check with eBay because there were no specifications on their site.

I only found out from the seller, a British based firm.

I cannot appeal their reason for their decision to refuse the refund and close my case because the link taking me to the appeals page is broken and a message tells you to try again later.

I have done this via the customer service phone line and am waiting to hear back from them.

Hope this clarifies it? Any further advice much appreciated!👍


Penny Bowden

[fargvs]

'' But I bought it by credit card, not via PayPal.'' ... if paid through eBay checkout, PayPal will have processed the Card payment and their case options are then available to you.

[tobiasd4]

Saying item was too big, counts as buyer change of mind, if business seller they have to accept return, but you pay tracked return postage.

[pbow4739]

Aha! That I didn’t know!! Thanks for the tip off!😉👍

Penny Bowden

Sent from my iPad

[pbow4739]

That’s fine by me. I would expect to pay postage anyway so was very surprised when the seller said I wouldn’t have to if eBay accepted my reasons for wanting a refund.

Thanks for the clarification. If eBay had posted the item’s measurements on their website, I wouldn’t be in this pickle.

I honestly think they have picked up the wrong case number and there may be another in the pipeline.

Cheers,


Penny Bowden

Sent from my iPad

[tressygirl]

eBay do not provide any details or specifications on a listing,  they are merely a selling platform.  it is up to the seller to provide all and sufficient details.

If they were misleading you can open a case for item not as described in the Resolution centre,  if you are within their 30 day timeframe for a full refund.  You do not call anyone for this,  eBay's 30 day MBG is written on every listing,  you open the case,  follow the isntructions and are in this case guaranteed a refund.

However,  if you are wishing a refund for ' change of mind'  then unless this is a UK registered business,  they can refuse your request if they are a Private seller.

Those are the rules on eBay.