Return or refund of a wrong size orderer

[cheapbargain2017]

Hello everyone. I sold a jacket, 2-3 weeks prior to xmas, I have now a buyer saying he wants a bigger size( I don’t have, it was the only item) or a full refund. I do have stated that returns are not acceptable. I wouldn’t mind other time of the year tbh , but I could have sold it xmas time and made the money. I am not a business... what are my rights to refuse?

[tsmgmd]

Hi,

As pointed out by another responder the fact that you currently have 24 brand new items currently listed seems to point to a unregistered business seller.

If this is the case your buyers can return any item for a full refund of all costs 12 months after the date of purchase, that is UK legislation.

A unregistered business seller can also be prosecuted by trading standards for not giving buyers there legal rights.

Sometimes it doesn't pay to make waves or draw attention to yourself, especially where thousands can read posts.

[anderson123456marcia]

Thanks for all the suggestion, I will have a look. My friend closed his business due to COVID and I decided to get some of his stuff to put on email to sell to help him out. Family was in a very desperate situation. I am will have a look how it would work. He has been scammed on EBay before and PayPal didn’t help when he sold an ipad. So he doesn’t use it at all. I will return the jacket. Will the fees be cancelled? I always sold my own stuff like kids clothes and my car was the latest.This extending help started to cost me ...

[m25jet]

To be honest if you refused the refund you'll probably just be setting yourself up for even more aggravation than if you'd just agreed to accept the item back for a refund.  If you'd accepted the request to return the item for a refund and had asked the buyer to open a returns request so that the matter could be dealt with through the proper channels then you could just offer a total refund via the case and once the buyer accepts you just issue an eBay Returns Label so that the buyer can return the jacket to you.  Once you receive it back you can then relist it for sale.

In the event that you decice to stand firm and insist on telling the buyer that you will not accept a refund for the item then you could end up with the situation backfiring on you.  By this I mean the buyer could potentially open an Item Not As Described case so that he can try to get a refund that way if he gets the impression that you're definitely not willing to entertain the option of him returning the jacket to you for a full refund.  It's virtually unheard of for eBay to decice an Item Not As Described case in the seller's favour, so if the buyer did indeed end up doing that and you refused to accept a return for a refund at that point then the buyer could escalate the case to eBay, the end result being that not only would eBay force a total refund of the money that the buyer paid for the jacket but they'd also tell him that he can keep it and you'll end up with a defect on your selling account.  That way you'd lose both the money and the item, so therefore I would say that the best option would be to get the jacket back again, issue the refund and then relist it for sale again to make the money back that you lost from this transaction.

At the end of the day the final decision as to what you decide to do in relation to this matter is up to you, but personally I'd advise you to accept the return.  Don't issue the refund unless you get the jacket back again - if the buyer returns it to you then issue the refund via the case.  The case will then close automatically and you will be able to list the item for sale again should you wish to do so.

Finally, if you haven't already done so, click on this link https://offer.ebay.co.uk/ws/ebayISAPI.dll?bidderblocklogin and add the buyer's User ID to your Blocked Bidders List.  Once you've added the buyer's User ID to the big white box on the screen click on the Submit button beneath it to save the updates and from that point onwards the buyer will not be able to purchase anything else from you in the future, in which case he will not be able to cause you any further problems.

[rusticrye]

I'm afraid you don’t have a legal leg to stand on, as you're trading illegally on a private account. Consumer law states that a buyer can request a full refund from an illegally-trading seller for any reason at all, for up to 1 full year, and the trader has to pay their return costs too if they want the item back. And it can be returned in any condition whatosever. In other words, your customers can use you as a free hire shop. The law doesn't reward those who break it.

Anyone who makes, grows, refurbishes, or buys in (new or used) items to sell, is a business and must be registered as such. Not only an Ebay requirement but the law. Private accounts are ONLY for those selling off their old no-longer-wanted possessions from wardrobe and attic. That clearly isn't you. For confirmation, go to Ebay's Seller Centre (link at foot of any page). For full information, go to the government's website.

And note that there is no such thing as a 'hobby seller' in this country, and how much or how little you sell or make is totally irrelevant.

I would urge you to upgrade your account from private to business as a matter of urgency, before you find yourself in deep doodoo with Ebay (for defrauding them of fees) and with Trading Standards (for denying buyers their legal rights).  Most buyers are savvy these days, and this particular buyer may be one of them and may already have reported you.

@cheapbargain2017 

[tobiasd4]

" I am not a business... what are my rights to refuse?"

Have to disagree with that statement, you are selling ALL NEW items & if buyer reports you for refusing return, then you will be in trouble.

Accept the the return & upgrade account before you get reported to HMRC & ebay, who may suspend your account.

Business seller policy | eBay

[*knight-rider*]

`I wouldn’t mind other time of the year tbh , but I could have sold it xmas time and made the money`

So you would deal with the issue, but because of the time of year and because it suits you, the rules and law can be bent to suit you, when as pointed out, you can`t follow them yourself 🙂
HMRC are actively trawling this site now to clamp down on sellers not doing the right thing and probably not paying their dues either!