Trades Description Act 1968 in UK applicable to eBay purchases

[mcstanleys]

The Trade Descriptions Act 1968 made it an offence for businesses or salespeople to sell a product or service based on misinformation. The Act forced them to be more truthful about their service or product and not deliberately mislead consumers into spending their money on a false claim.

A relatively cheap item was not fit for purpose. Only option is to ask for a refund, which invokes a return. Posting back is cost to me over half the amount I paid for the item. This seller is clearly selling items not fit for purpose, as latest feedback is that others are getting the same. 

The buyer is selling items in a grey area. Selling stock, making money, doesn't have to pay for postage back. I spend more than I get back, stuck with a piece of plastic that is straight into the recycling. They win, I lose. 

Is this now the eBay norm?

[redwick1 · Accepted solution]

The Trades Description act has nothing to do with claiming for an item that is not as described on ebay

Open a not as described dispute at the bottom of the page under Resolution Centre.

Escalate it after a full 3 days of opening the dispute.

The seller needs to send a pre paid label for the return.

If they dont then ebay should when you escalate the dispute.

Make sure it goes back tracked and that the tracking is in the dispute.

You have 30 days from the day of delivery to open a dispute in ebay
 
Read up on the Ebay money back guarantee
https://www.ebay.co.uk/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-poli...

You are also covered by the paypal money back guarantee 
If you fail on ebay then you open the dispute in paypal and escalate it as soon as you can but within 20 day

Trading Standard only apply to items that are sold in the UK and can not cover any item from overseas

If you have a problem with an item then you can contact Citizens Advice and they will advise you or pass you over to Trading standards

[mcstanleys · Accepted solution]

Thank you, Redwick1. This is very clear. I've had no dealings with this type of thing, and you could probably tell my frustration. If I send the item back tracked, the postage will cost more than I paid for. Am I not going to be out of pocket? I think the seller is purposefully sending items that are wrong that fly "under the wire" with this type of thing, knowing that people will cut their losses? It's a great way to get their dead stock sold, and know that there will be more in the pot than not after all the "disputes" that will likely not happen anyway?

Thank you for your help so far. Really appreciate it.

[redwick1 · Accepted solution]

Did you read the reply?.
Buyers are well covered by ebay and paypal for items not as described as long as you follow the policies
If you opened a not as described dispute on ebay the sell would have been forced to send you a pre paid label for the return of the item. Once the seller had it back then they refund all the original payment so you would lose nothing

If they dont send a label then ebay would when you escalate the dispute.

Different is it was an overseas buyer as they can not possible send a pre paid label
In that case get onto ebay and see what they do.
Often especially if it is a cheap item they will refund without the return.
Your post was from 23 October
You have 30 days to open a dispute on ebay so if you have not dealt with it by now then you may be out of time

[mcstanleys · Accepted solution]

I did read the reply, but in reading, I did not see the pre-paid bit. Apologies for causing you frustration too. Will think twice before I post on the community again.

[redwick1 · Accepted solution]

There is no reason not to come back to the community if you need help but you do have to read the replies carefully.
There is always someone here and as you can see you have had other replies too.
We answer many many questions daily in our own free time and just give facts with often sound a bit hard and straight to the point but you did get the answers you needed to your post and quickly
You did not cause me any frustration I think that was another responder.