Consumer rights

[tetrarage]

I bought an item from a private seller that proves to be a business as confirmed by the seller privately. 
I've asked for a refund even though they don't accept refunds but because they are a business they fall under the Consumer Contracts Regulations. 
With this in mind, am I entitled to a refund?

Please Advise 

[jckl1957]

Why do you want to return the item?

Even private sellers have to accept returns within 30 days if the item is not as described or is faulty etc.

If the seller has a private account and this is a change of mind return, they will be able to refuse the return and Ebay will not compel them to accept it.

You do have the rights as outlined by the Consumer Rights Act which states that all business sellers have to accept a return if you bought online and if you request the return within 14 days of receipt,

However, enforcing your rights may prove difficult.

[tobiasd4]

Why do you want to return item?

If you opened change of mind/does not fit case, private sellers can refuse. 

If item not as described, all sellers have to accept. 

If case was refused, try your payment provider. 

[john1297576]

Despite the fact that ebay is losing fees, a lot of business sellers are getting away with selling as private sellers, ebay do not seem to care. Reporting them does no good, so in your example, the rules applying to private sellers apply, and they can refuse change of mind returns.

Consult Citizens Advice as they have contact with Trading Standards and may be able to help.

[papso22]

In this case I think you are entitled to return the item using not as described at the seller's expense.   They deserve it given that they are trading illegally from a private account.  

[red_magpie]

am I entitled to a refund?

Your rights on eBay depend upon:

1) Under eBay's money back guarantee, when and how you paid, and your reason or wanting to return it.

2) According to how you paid, any additional protection provided by your payment provider, e.g. paypal or your credit or debit card. For 1) and 2) you need to read the detailed terms, conditions and time limits.

3) Your statutory consumer rights. However, unless a seller is registered as a business you would not only have to prove a justified reason for the return, but also that they are a business. Don't under-estimate the burden of proof required, and remember that if you go to court there's no certainty of winning and you may be liable for the seller's expenses and legal costs if you lose.

Bluntly, option 3 isn't likely to be worth considering unless there's quite a bit of money involved, in which case consult a solicitor first. What I would suggest doing, which will cost nothing, is to send a written complaint to the buyer's local trading standards office. They won't be able to order any refund, but they can issue warnings or take legal proceedings for non-compliance. Many sellers here who pretend to be private sellers probably don't realise that if reported they could have a trading standards officer on the doorstep. This might do the trick!