Business Seller advertising delivery and refund but refusing me these options if I buy

[mouse.mouse101]

My earlier post was deleted as I had named the seller and the item.  I did not realise this is not permitted.  I have revised accordingly:

I saw an electric fire in an old catalogue but discovered it is no longer available.  I then found it on eBay.  It is a new item, not used.

The seller is a business seller.

It is advertised as collection in person from a town in the Midlands or delivery at a cost of £10. 

Also 14 days return with buyer paying for return postage.

As the item is discontinued it is not available to view in any showroom. 

I contacted the seller to enquire whether the cost would be £10 if I needed to return it.

The seller replied saying it is non returnable, despite the ad clearly stating that it is.  I then suggested that it is returnable on the basis of distance selling.  The seller said he did not understand and said it is listed cheaply on eBay for a quick and easy sale.

I checked the Gov.UK website and sent information on buyer’s rights under the Consumer Contracts Regulations and was then told that it is collection only, when I could then inspect the item.  I had already stated where I live, which is 120 miles away from where they are.  

In short, the seller is advertising a delivery charge and states that the item can be returned at the buyer's expense but is refusing me both of these options.

I was not planning on returning it but as it is a discontinued item I cannot view it in a local showroom.  In any case, the buyer does not need to give a reason for return.

By this time I had decided not to buy from this seller, but reported it to eBay on the grounds that this seller is not complying with the law.  I received a reply saying nothing was wrong.  I appealed and got the same answer.

I am wondering if the reports are seen by a human?

Also, am I right?  If so, how can I get eBay to understand and deal with what the seller is doing?

With thanks.

[jckl1957]

I don't understand why you questioned the seller about their terms.

If you had purchased the item, the seller would have either been obliged to send it or cancel and got a defect on their account.

If they have a business account, they have to accept returns.

  The seller is complying with the law and there is no need for Ebay to take any action.

Had you bought the item, you would have 14 days to return it for any reason and 30 days to return it if it was damaged/not working etc. using the Ebay Money Back Guarantee.  The seller is complying with the law and there is no need for Ebay to take any action.

Your previous post was not removed, it is still there and you can see it if you click on your name in your opening post here.

[mouse.mouse101]

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Many thanks for your reply.  

I thought the post was deleted because eBay sent me a message telling me that it was deleted because I had given the id number and name of the seller! 

The reason I contacted the seller was to ascertain the cost if I needed to return the item, ie was it £10, the same as I was being charged to receive it.

I am surprised that you say they are not doing anything wrong when they are advertising delivery and returns, but have told me that if I buy it is collection only and no return, especially when I live a long way from them.  They are refusing to allow me to have delivery or return the item.  I cannot see how this can be right.

[papso22]

If the listing says returns accepted,  which it must do if they are a business seller,  then you can use ebay returns to return it.

The cost of return is down to you, it is unlikely to be £10.

What they say in messages is irrelevant but I suspect you will have been blocked from buying it anyway.

[mouse.mouse101]

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Because I asked what the cost would be if I needed to return it, the seller then refused me delivery.  They said it was collection only, and I could inspect it at that point and would not accept a return. 

They are refusing to deliver it or let me return it.  How can that be right?  That seems to me a contravention of the distance selling law.

It is not a run of the mill plug in electric fire, it's an inset one to fit into a fireplace, so not so simple.

[red_magpie]

You are over-thinking a perfectly simple situation re. change of mind returns.

Forget the consumer contracts regs and concentrate on eBay's money back guarantee.

If a seller states that they accept returns - and UK business sellers are required to - eBay will if necessary enforce this right. On eBay it makes no difference whether the item was delivered or collected. 

The cost of the return is paid by the buyer so "what the seller will charge for it" is irrelevant.