Wednesday 28 October 2009

The lunatics have taking over the asylum or ebay

Ebay seems to have taking over the clawback procedure, and as always they have their own idea of how you should read the distance selling regulations, or will just blatantly ignore them,

Ebays links you to this:

Your legal rights and obligations

The 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.

These regulations provide a period of 7 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).

This right of cancellation does not apply to:

  • Custom-made goods - Goods which are tailored to your own specifications (such as custom-made wedding gown).

  • Goods that by reason of their nature cannot be returned – This covers medication for example.

  • Perishable goods - like fresh foods or flowers.

  • Sealed items, which have been unsealed - audio or video recordings or computer software that you have unsealed.

  • newspapers, periodicals or magazines

  • Accommodation, transport, catering or leisure services - where the seller has agreed to supply the service on a set date or within a set time period (for example hotel accommodation; plane, train, or concert tickets; car hire; tickets to sporting events).

The regulations above only apply to a business seller – consumer buyer transactions. However, even a consumer seller is required to ensure that correctly describe the item. Learn more about returns and your legal rights and obligations

As you can see Auctions are excluded, and are supposed to be excluded on ebay UK but, you think sellers are going to be allowed to use that. Not in this lifetime.

So if you need an auction, where you are assured that the idiot is not going to come back 35 days later after they have tried to sell the item, and failed, and then asked ebay for their money back then go to http://www.ebid.net/, where auctions still work.

No comments: