distance selling regulations - returns

[riku]

I recently bought an n64 game off ebay, and it turns out to be faulty (just a black screen on start up), and the seller asks me to send the item to him and then i'll get a refund, but I decided to look up the regulation to see whether I will get paid for return postage. Turns out I will, but i was interested to find out about this:

"Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. 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. The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back."

So this means, if I was to sell something on ebay, regardless whether I dont opt in for ebay's return policy, I am obliged to give the buyer a FULL refund if he simply changes his mind within 7 days? At my own cost as well (I have to arrange for it to be collected or pay the buyer's return postage)??? What a load of rubbish. I better go change all my active listings...

I can understand if its faulty, but I risk losing money simply if a buyer gets bored of what he bought off me? wow

[ItsThere]

I find that odd. Where did you find this?

[Spatial]

The Distance Selling Regs only apply to businesses. They don't apply to private individuals selling through things like Ebay.

[riku]

I found it here:

http://pages.ebay.co.uk/consumer-rights/consumer-rights.html

doesnt make it too clear on what happens if an item recieved is "not as described", as in, is the buyer obliged to return the item before getting a refund? what about return postage cost?

Anyway, bit of a relief that only business sellers have to honour that "cooling off" period thing.

[ItsThere]

The Distance Selling Regs only apply to businesses. They don't apply to private individuals selling through things like Ebay.

I believe they do actually.

I looked into this today and the Regulations refer to anyone who 'acts in their commercial or professional interest' as a seller.

So it is quite probably a drafting oversight, I still think it is odd, it clearly isn't the purpose of the Regulations.

Another way to measure it would be to look at the threshold for VAT when making private sales, which I believe sits at £50k per annum, but who sells £50k worth of goods on eBay?