DSR and fleabay, my rights

Nocky24

Nocky24

Nocky24

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May not be the place for this, but I've bought something off the bay, which I'm trying to return under DSR as I no longer need it. I received it on Tuesday and ordered it last Friday. I've emailed him yesterday and twice today (no reply as yet) asking to return the item so I'm both under the 7 days for ordering and receiving.

The seller is a power seller/shop and he states DSR in his policy if unopened. However I have already left postive feedback as soon as I received it so I'm guessing he can just ignore me now?

I have opened it, but it wasn't sealed in the first place.

Will the resolution centre/ paypal, etc sort this out?
 
They should accept it back no problem and refund under the rule. But it depends if they want be a git about it. I would give it in email that he has until the 7 days from when you received it and if he has not responded you will use the paypal method.
 
You get 7 working days from the day after you received it to notify him that you want a refund, doesn't matter that you have opened it and he has 30 days to refund you (AFAIK there is no limit on how quickly you need to return it).
 
Cheers for the info people. I'll try emailing him again tonight for the 4th time stating I want a reply and mentioning paypal if he doesn't get back to me soon. Hopefully it all gets sorted out :/
 
DSR does not apply to online auction sales


Auction sales, including online and interactive TV auctions.
However, some activities described as auctions may not
necessarily result in sales at auction, so will not fall within this
exemption. This will depend on exactly when and how the sale
occurs. For further information see paragraph 2.16
 
bigjimmyauk said:
DSR does not apply to online auction sales


Auction sales, including online and interactive TV auctions.
However, some activities described as auctions may not
necessarily result in sales at auction, so will not fall within this
exemption. This will depend on exactly when and how the sale
occurs. For further information see paragraph 2.16
Click to expand...

It does on eBay if the seller is a Business user.
A regular auction from a non-business seller though isn't covered.
 
Nexus said:
It does on eBay if the seller is a Business user.
A regular auction from a non-business seller though isn't covered.
Click to expand...

but according to that guide your only covered if the purchase was made from a fixed price or buy it now. Auction sale is not covered(i'e was sold under the hammer under a fixed time limit involving multiple buyer bidding)

Read the link i supplied earlier it's very informative but a nut ache to read as each chapter referes to another etc etc.

I might be wrong but to me it seems to be saying what i just said?
 
Last edited:
Nexus said:
It does on eBay if the seller is a Business user.
A regular auction from a non-business seller though isn't covered.
Click to expand...

Are you confusing the obligations of the seller under the DSR with the obligations of the seller under SOGA?

Online auctions aren't covered by the DSR, but businesses still have to abide by SOGA. The only exception where ebay is concerned is sales that are exclusively buy it now, which don't qualify as an action.
 
Dsr does not cover you for items you don't need.
Dsr was implemented because you can't physicaly see if the goods are suitable got your purpose, for example you buy a sofa online and find the colour is a few shades from what you believed, then Dsr applies.

A great analogy my friend uses is, if you buy a frozen fish online or by post, and the advert showed a happy looking fish, you can return the fish under Dsr if it looks sad.

If you return something because you decide you don't want it any more, then Dsr does not apply.
Dsr is not designed to give carte Blanche refunds, its designed to protect the consumer from buying goods that are not quite what they appear to be, or in some cases, outright mis representation of a product, because you, the consumer, could not have the chance to examine the physical product on a shop floor.
 
Looks like I got it wrong, I thought it applied to any transaction by a business seller, but it is just buy it now and second chance offer.
 
mattyfez said:
Dsr does not cover you for items you don't need.
Dsr was implemented because you can't physicaly see if the goods are suitable got your purpose, for example you buy a sofa online and find the colour is a few shades from what you believed, then Dsr applies.

A great analogy my friend uses is, if you buy a frozen fish online or by post, and the advert showed a happy looking fish, you can return the fish under Dsr if it looks sad.

If you return something because you decide you don't want it any more, then Dsr does not apply.
Dsr is not designed to give carte Blanche refunds, its designed to protect the consumer from buying goods that are not quite what they appear to be, or in some cases, outright mis representation of a product, because you, the consumer, could not have the chance to examine the physical product on a shop floor.
Click to expand...


I'm not sure what you are trying to argue to be honest, the DSR is designed to be a cooling off period where you can cancel the contract you have with the buyer. It doesn't matter whether you no longer needed it or not, you still didn't physically see the item like you would in a shop.

Also we live in a society now where it's common to buy things online and send them back if we don't like them under no quibbles return policies, some with free return shipping. Obviously this applies more so to clothes and such items, but similarly, he can turn around and say absolutely anything was wrong with it. But most won't just point blank say "I don't need it anymore".


Not a DSR story, but similarish...

I remember back before most of the high-street stores changed their policies on returning games with no questions asked within 14 days. A friend of mine bought a game from HMV, went over to the counter and told they guy he wanted to return it. The sales assistant asked why, and he said he had finished it and wouldn't play it again. He had to get the Manager over, and he had to give him a refund, as that was the policy at the time. He did ask him not to come back to the store though.
 
Personally I think the OP is being bloody cheeky trying to worm out of a sale using DSR simply due to the fact he "no longer needs it"
That's a ****ing lame excuse!
 
That's more or less what I was thinking Scuba. Bought on friday but don't need it on the following wedneday having paid? Don't bid if you don't want, the guy might well have to foot the listing bill for the OPs impulse buying.
 
Nexus said:
I'm not sure what you are trying to argue to be honest, the DSR is designed to be a cooling off period where you can cancel the contract you have with the buyer. It doesn't matter whether you no longer needed it or not, you still didn't physically see the item like you would in a shop.

Also we live in a society now where it's common to buy things online and send them back if we don't like them under no quibbles return policies, some with free return shipping. Obviously this applies more so to clothes and such items, but similarly, he can turn around and say absolutely anything was wrong with it. But most won't just point blank say "I don't need it anymore".


Not a DSR story, but similarish...

I remember back before most of the high-street stores changed their policies on returning games with no questions asked within 14 days. A friend of mine bought a game from HMV, went over to the counter and told they guy he wanted to return it. The sales assistant asked why, and he said he had finished it and wouldn't play it again. He had to get the Manager over, and he had to give him a refund, as that was the policy at the time. He did ask him not to come back to the store though.
Click to expand...

A no quibble return is at the retailers discretion, Dsr is a legal thing. Hope that clarifies.
 
mattyfez said:
Dsr does not cover you for items you don't need.
Dsr was implemented because you can't physicaly see if the goods are suitable got your purpose, for example you buy a sofa online and find the colour is a few shades from what you believed, then Dsr applies.

A great analogy my friend uses is, if you buy a frozen fish online or by post, and the advert showed a happy looking fish, you can return the fish under Dsr if it looks sad.

If you return something because you decide you don't want it any more, then Dsr does not apply.
Dsr is not designed to give carte Blanche refunds, its designed to protect the consumer from buying goods that are not quite what they appear to be, or in some cases, outright mis representation of a product, because you, the consumer, could not have the chance to examine the physical product on a shop floor.
Click to expand...

Whilst you are correct regards the intended purpose of it's creation, there is absolutely nothing to actually stop you returning something under DSR simply because you changed your mind.

It may not be the intended purpose but it certainly facilitates that ability and allows it, mainly because there would be no real way to police it, a shop could never prove whether you were returning something simply because it wasn't what you expected or because you just decided you didn't want it anymore.
 
Scubascorpion said:
Personally I think the OP is being bloody cheeky trying to worm out of a sale using DSR simply due to the fact he "no longer needs it"
That's a ****ing lame excuse!
Click to expand...

Thats fine if you think that mate. The fact is its in the same condition as when it arrived, he is a business seller that provides DSR and he DOES have (alledgedly) a no quibble returns policy for any purchases made within 7 days. Whether its cheeky or not, he can't put a policy like that on there and not expect the odd return.
 
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