All EBAY/PayPal related posts here please

[EDDIE M0NS00N]

Well, I'll repeat what I said previously:

Ebay& Paypal really dont give a f**k anymore do they.


I got an email from PP stating:

We have concluded our investigation into your case. Unfortunately, at this
time we are unable to decide this claim in your favour.

I am really disgusted with the way they have dealt with my dispute. I gave them everything they wanted + extra evidence, & the amount of neg fb the seller has recently had shows that theres something not quite right about this seller.

I just wanna warn you guys that if your seller turns out to be a dodgy dropshipper who hasnt got a clue what is actually being sent out by his 'collegue' in another country half way across the world then you dont have a leg to stand on.

I want to take further action on this but Idont know if its worth it.

[cutmymilk]

If you ever have another issue, just say you haven't received the item and get a refund. Saves you jumping through hoops.

[EDDIE M0NS00N]

If you ever have another issue, just say you haven't received the item and get a refund. Saves you jumping through hoops.

I'll remember to turn on my psychic powers in order to scan the package before I sign for it shall I?

[EDDIE M0NS00N]

Okay got another prob with ebay. This time I'm the seller.
I sold GHWT on PS2 to a guy on there. It was pristine - no marks on the disc & it played fine before I posted it.
The buyer is claiming that it doesnt work on his PS2. I've explained that it was fine before it was posted & that if he wants to send it back I'll test it again but that if it isnt faulty then he'll have to pay to receive it back (the only returns I except are for faulty items).
He thinks that it doesnt work on his probably due to some PS2's being more sensitive that others, even tho he says he's had every other GH game & not a problem. I've never heard of this happening before.

What do you guys think? He says that if it does work then he doesnt want it back anyway.

[fallenangle]

Legally as long as it is in the same condition it was received in he can return the game for whatever reason within 7 days of receipt whatever you've said about returns. It is part of the distance selling regulations you just can't ignore.

Where you as a seller have leverage to weed out those trying it on is with the return postage. That's what it sounds like you've done. As long as you've stated that the buyer pays for any return p&p costs in the original listing you should be OK. It's part of the contract the buyer is accepting when he engages in the transaction.

Whether the game is faulty or not (and I'd bet it is his PS2 and not the game) you are going to have to offer a refund and will probably lose money as a result. But in a case like this it is the buyer who has to pay the return p&p. You've sold him the game in good faith and if you make that clear, keeping it friendly and the guy isn't a git you could (and should IMO) not receive negative feedback.

The few occasions I've been on the receiving end of faulty/incomplete goods the seller has always responded fast to the complaint and offered or issued a no questions asked refund ASAP.

As long as I get my money back I simply treat the deal as a non-event and don't leave any feedback. But you can never tell with buyers how they'll respond even if you do everything by the book.

[EDDIE M0NS00N]

Ok ta mate looks like its gonna be a refund then. I wish the sellers that I have dealt with recently had been as understanding as I have been with this guy

[ince]

NOTE: The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.

i very much doubt they apply to individual to individual transactions.

faulty items are another matter.

however my view would be that as the guy is on here give him a break this time but generally you choose what to do.

[fallenangle]

Is that really legally correct about it not applying to auction items and or individual ie. personal transactions/services bought online?

I've tried (believe me) to wade through those Distance Selling Regulations and I couldn't find anything that appeared to exclude their application to auction items on places like eBay.

The regulations document is vast and complicated and I'm certainly not a consumer law expert. So if there is somebody out there who actually knows or can provide an authorative source (what do eBay say about this?) or can point out the revelant paragraphs in the regulations I, for one, would be interested.

It's always important to know the consumers rights whether you're a seller or buyer.

Edit: if found the answer myself, quite easily actually. I tried to post a link but it didn't work for some reason but if you Google "ebay and distance selling regulations" you should get an apparently authorative explanation of how the DSR apply to eBay items.

In short: I was incorrect - individual private sellers offering unwanted new or used items aren't covered by the DSR. But anyone selling as part of any business ie. for profit is liable and no distinction is made between auction and BIN items either.

Determining what is a business and what is a private transaction must be a very grey area though and open to abuse by those wanting to sidestep the DSR.

[EDDIE M0NS00N]

Ok u all know my current situation with a buyer claiming a game he bought from me doesnt work.

Well I've just noticed that he made the complaint the day after I left him positive feedback which is a bit sly.

I also just remembered that I put in my terms & conditions that I only accept returns on faulty items, & within 7 days of purchase.
7 days had passed since he made this faulty item claim, so am I covered if I deny him a refund?

[Daragon]

If the game worked when you sold it, then it's royal mail's problem not yours (if it's physically broken) - don't stand for any **** from either the buyer or ebay.

Neither can touch you.

Also, that crock about his PS2 being too sensitive is downright BS - only reason it wouldn't work is region, which you'd have specified in the listing no doubt

[fallenangle]

You'd have to check eBay's terms and conditions about the time period for notification regarding allegedly faulty items. Whether you're within your rights to arbitrarily set it at 7 days (from the date of receipt) I just don't know. If general consumer law applies I think you could still be liable.

I don't see how it's got anything to do with the mail/delivery service unless there is an allegation the package was damaged in transit.

[Daragon]

That's why I said if it was physically broken - if that's the case then it's very much RM's fault.

[EDDIE M0NS00N]

No, it doesnt sound like its been damaged in the post & he isnt saying that it was. He's just claiming that he's tried it numerous times on his PS2 & despite having played every other GH game on his PS2 the GHWT I sold him doesnt seem to work .

It was pristine when it left me. It was like new not a scratch & worked perfectly, otherwise I wouldnt have sold it. I'll have to check the disc to see if he's pulling a fast 1 on me. Problem is that if the disc is as it was & works on my PS2 fine he's stated that he still doesnt want it because it doesnt work on his PS2.
My plan was, as stated to him: send it back to me, I'll test it, if it works fine (which it will if its mine he sends back) then he'll have to pay p&p costs to send it back to him.
Thats not what he wants, so I may be having a dispute filed against me if I refuse a refund despite it working fine.

[fallenangle]

I think you're in a no win situation if you don't refund him whatever the case. As I said earlier I suspect his PS2 is the problem not the game which I have no doubt is as you've described. He wants his money back, understandably from his point of view, but you, also understandably, are reluctant to do so. He could be trying something on but that may well be how he feels about you resulting in this impasse.

You can stick to your guns and risk him leaving negative feedback or opening a Paypal dispute which might not go your way. You might like to explain to him that he will have to provide proof that the game doesn't work from a third party. Remind him that it is on record that the game was sent in the condition described in the listing and that at no time has he claimed it was damaged. That should dissuade him from thinking of crocking or substituting the disc with a faulty one (not unheard of) unless he's totally stupid.

But you've got to see it from his point of view if he is genuine. He's paid good money for a game that doesn't work on his PS2 for whatever reason. You can provide all the proof in the world the game works on other PS2s but he's not going to be happy paying out even more to send back the game only for you to return it saying there's nothing wrong with it. A Paypal dispute for him is by far the easiest and safest option.

So with that in mind alternatively you can avoid much of this potential hassle and cut your losses by agreeing to issue a no question repayment on the return of the game, in good condition of course. Remind him of that and also to obtain proof of posting - it should convince him you're thinking of his interests no matter what your real feelings.

Make clear it however that the refund is only done on the understanding that you are doing it as a favour and not because you're legally or even morally obliged too. State clearly again that the game was in good condition when posted, sent in good faith and in issuing the refund your're admiting no liability.

Here's the twist and this is only a suggestion you'll have to decided whether to try it or not: say you will only issue this refund if all is well with the game and additionally with the requirement that the buyer agrees either to wave or leaves prior positive feedback. I'd go with the latter - suggest something like "Game did not work so seller offered a quick, no question, refund".

If he refuses you've lost nothing and if he's too stupid to realise you're putting yourself out for him by offering the refund he's likely to cause you trouble whatever you do.

It goes without saying that once you've received the game and all is well back you must honour your side of the deal and provide the refund ASAP.

Whatever you do there's still potential for additional trouble but if both parties are honest you should be able to sort this out between yourselves one way or another if not to either sides' total satisfaction.

[EDDIE M0NS00N]

Re:

I think you're in a no win situation if you don't refund him whatever the case.

Thanks for the info mate & I will do as you mentioned - keep it friendly, & see how he reacts to the Q's possibly resulting in refunding his cash.

Ebays been a pain in the ar$e lately. I thought bad luck came in 3's but this is the 4th time in 6 wks I've had grief with an ebay related situation.