Buissiness seller stating they only accept returns for "not as described", legal?

[garethmccray]

Hi,

I bought a second hand vacuum part in error from a buissiness seller - I should have been more careful - but I wasn't - lesson learned. I immediately put in a cancelation request. Seller refused cancelations request, ok, maybe they had a good reason.

Being A buissiness seller and this being a non-perishable\non-software item, I think I have a 14 day cooling off period to send the item back, at my expense - it was my mistake. However, the seller says in the listing:

"IT IS THE RESPONSIBILITY OF THE BUYER TO INSPECT THE ITEM BEFORE PURCHASING.

RETURNS WILL ONLY BE ACCEPTED IF THE ITEM IS SIGNIFICANTLY NOT AS DESCRIBED IN THE LISTING."

I'm not sure that the seller writing this in the listing overrides my statutory right to cancel the order within my 14 day cooling off period.  Am I correct? If I instigate a return because I just do not want the item will ebay side with me?

Thanks, in advance, for any replies.

[jckl1957 · Accepted solution]

Ebay give you longer than allowed in the Consumer Rights Act.

As long as your seller has a business account (you should check - not all businesses have a business account), you have 30 days to return the item if you decide you don't want it.

As you are aware, you will be liable for return postage.

Saying you should inspect the item before buying is a joke ... that is impossible for an online purchase.

[garethmccray]

Thankyou, that is great, that answers my question. Of course, how can I inspect an item before having seen it!

The seller has 5 negative reviews and several neutrals on somthing like 250 sales and a 6 month old account. If I had seen that before I pressed "buy" I wouldn't have pressed. I expect the seller to be tricky and try and claim it was returned in a different condition - do you know how I can protect myself from that? Film the unopened parcel? I have no negative reviews, a 20+ year old account, and more (private) sales than the buissiness seller so I think if it goes to arbitration eBay would side with me.

All this over a few pounds, but, for me it is the principle. As a private seller, I always take returns for whatever reason, I mean, why sell somone somthing they don't want and waste both your and their time? N.B., it has been 20 years since I came across a bad seller on Ebay - not bad going.