Just bought a Surface 3 brand new off eBay, it was a Buy it now listing. I've used it for a few hours, really haven't taken much of a liking to it. So I go to their site and ask the live chat fella if I can return it. He says no, as their listing said no returns. At this point I mentioned DSR and apparently that doesn't apply to eBay listings? Can someone help clarify this? If it doesn't then I guess I'll sell it on here with the pen.
http://www.ebay.co.uk/gds/Distance-Selling-Regulations-And-eBay-/10000000000140381/g.html In short: If they're a proper "Business" then yes DSR applies, if they're a private seller, it doesn't
If it's a business then apparently they still have to abide by DSR (or whatever it's called now). Clicky. If it was a private seller, then no DSR. *EDIT* Damn, beaten to it,
Thanks guys, I've now told them this but they don't really care. Their "lawyer" said its now in a different condition from when they sold it. What should I try now?
If you paid by PayPal you could dispute the purchase there. It can be a lot of work. Easier if you paid by credit card as you can just dispute it and they will do the work.
If the seller is going to make you life hell to return it, and you decide you don't want the hassle (sp?), you might find someone willing to take it off your hands for what you paid for it, if its a good price...
If they're claiming to have a lawyer, they're a pretty legit business and you can totally nail this on distance selling regulations. Bad news time: you'll probably need to actually lawyer up yourself to dispute it. You can threaten legal action too of course, but it's a nuclear option because if they call your bluff that's your only resolution.
I'm willing to bet their "Lawyer" amounts to little more than the guy in the office with the best google skills.
indeed but it also makes it appear like they are doing it for more than just personal benefit and possibly doing it as a business in which case DSR is a factor again EDIT: also care to link the listing? as alot can be gained from seeing how the sell presents himself etc as that and the name of the seller on ebay should give you a hint as to if its a business or personal
It was my understanding that as long as the product/packaging have not been damaged (other than reasonable alterations to the packaging such as cut tape etc.) all businesses in the UK are legally obliged to accept a return, as long as it is requested within seven days of delivery. How you could reasonably be expected to decide whether you are going to want to keep a tablet without removing it from its packaging is beyond me. They are in breach of trading laws in the UK plain and simple. Raise a case and escalate it to eBay customer services, if that fails to garner a response contact Trading Standards and explain the exact course of events.
Ebay almost uniformly sides with the buyer in disputes. Might be best to employ Occam's razor and open a dispute. If Ebay say the seller is in the right, there's probably not a lot else that can be done since Ebay's burden of proof and policy for sellers is much harder to avoid (and appeal against) than the DSR. If Ebay think you're in the right, you win, no lawyers needed.
Trouble is, its the software that makes it exempt. Whilst the hardware isn't exempt the software is, and you've used it then its a really hard one to make stick sadly.
I may have dreamt this but, if you progress a case with ebay, isn't there something about accepting their arbitration process that prohibits you from chasing it up with Trading Standards or whomever in the event you are unhappy with their ruling?
If you go through Ebay you can not take your case up with Trading Standards its in there TOS you signed them when you agreed to use ebay. ( TOS should really be renamed Unread TOS everyone ticks the box and nobody reads them) If you purchased on a credit card, Talk to your credit card company and open a dispute that way they will do all the work and it will cost you nothing. Paypal is a similar story. Taking it through the courts is a long process which will likely take a long time to resolve. We have not even saw the listing yet, If the Seller is from outside of the UK most of whats been said here is completely irelivent. Or if the seller is not a business. If they have do not accept returns on the listing in black and white you will struggle to get that turned into your favour. DSR usauly only applys to companies that are on ebay like Scan and Argos. Small business that go on there are usaully down as 1 person doing it and arguing there a business will take alot of work.
DSR doesn't exist any more, at least not in name or it's previous commonly quoted form. There was a similar post I replied to here: http://forums.bit-tech.net/showthread.php?p=3862472#post3862472 In short, if they are a business they should except returns, but the refund amount can be reduced by your opening, handling and use of the item affecting the resale value of the item.
just to voice the other side here, because I think we all as ebay sellers have been there, you sell some thing, its perfect, you have tested it before dispatch, nicely parcelled. They get it then want to return it for no other reason than they don't want it any more. As I write this I am in another window going through to ebay support to close a case in which I sent perfectly as new headphones (wireless) user got them, didn't realize she had to press pair on both the base station and headphones and sync them. I spent over an hour putting together a reply and detailed inside out, followed up twice more with more information and asked her clearly to close the case. Case is still open, no more reply from her, put my PayPal into negative balance for no reason. It has to be said, you shouldn't expect you can just order a brand new high value tablet, check it out play a few games or what ever, then after you have tasted it return it back like its a library book, that has consequences never mind the frustration. Just take a step back for a min, you ordered a widget, you got the widget, is it fair for openly no good reason you want to return it. What they should have done is said fine return it, then levy a fair restocking fee, I don't know what those numbers should be as a per cent of sold item but say a retailer listed a £1000 surface unit as opened but absolutely fine. Still it has a stigma attached, you are not 100% sure it was only just opened played with for 2 minutes then put back in the box. it easily knocks £60 off the items sale value no? I am no saint on this front, I returned a £2k synth for no good reason than I didn't like the touch of the keyboard. You should have tested the surface pro in a shop for a few minutes, and if you did buy it thinking to do this then you should have gone with a big boy retailer or amazon? end of the day they have to accept the return, we are lucky to have that rule of distance sale etc.
Thank you for replying everyone. After reading how much of a hassle this could be, I've decided now not to bother trying to return the Surface to the eBay seller. As well as that, I can why they are reluctant to accept it. I'm still trying to get used to the Surface, maybe its Windows 10 but there are little bugs everywhere and the whole thing doesn't seem well suited to touch. I'll give it a week or two, then put it up on the marketplace. This is the listing for those interested http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItemVersion&item=252060018055&view=all&tid=1703748836015
