I am correct here yes?

Diagro

Diagro

Diagro

Soldato
Joined
3 Jun 2012
Posts
11,266
Hey

Orderd a Shock absorber from ebay, realised i had made a mistake and it was the wrong one.

Informed the seller before 10AM today that i wished to cancel the order and get a refund. (there is NO way he has posted it between yesterday and today)

He then messages me at 2:30PM informing me its been posted so nope...

I informed him i will be rejecting the parcel / returning it for a refund.

His Listing says " Any item returned due to miss-ordering will incur a 25% restocking fee"

Now I'm sure that DSR wont allow this, and i am entitled to my full refund Plus P&P (I'm liable for return postage and I'm fine with that).

He cant do the 25% can he?
 
You are correct. distance selling means that you can return for any reason. Ebay will back you up on this so just go to the resolution center if he tries that.
 
It's no longer called DSR although the current name escapes me but yes I'm pretty sure that still covers you in relation to them trying to charge a restocking fee so tell him to stuff it and if he tries to be a goon raise a PayPal dispute.
 
No idea regarding whether or not he can charge (although I suspect not), but how can you claim there's "no way he could have posted it", when the Post Office opens at 9am? And you contacted him at 10am?
 
Metalface Mark said:
he can charge a restocking fee if you bought it through business rather than personal. DSR dont apply for business.
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I'm fairly certain it's the other way round - dsr (or whatever it's now called) is applicable to business but not to private sales, so as long as the op bought from a business then the business is not allowed to charge a restocking fee.
 
Barry McFungus Pants said:
I'm fairly certain it's the other way round - dsr (or whatever it's now called) is applicable to business but not to private sales, so as long as the op bought from a business then the business is not allowed to charge a restocking fee.
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He meant if the OP is a business it wouldn't apply i.e. a B2B transaction.
You are correct though DSR doesn't apply to goods bought from private sellers IIRC.
 
Yeah if its a business then no restocking fee*, DSR applies. If its a private seller then unless the item doesn't match the description, etc. then you don't really have any rights even to a refund unless the seller is amicable.


* See post above if OP is buying through a business.
 
tom_e said:
He meant if the OP is a business it wouldn't apply i.e. a B2B transaction.
You are correct though DSR doesn't apply to goods bought from private sellers IIRC.
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Ah gotcha - didn't fully understand the wording/meaning of his post :)
 
Its a Business Seller on ebay.

The account used to buy it is also a Business account, BUT i am not a Business and not a trader, Just ebay forced my hand years ago to use an account of that type to sell odds and sods (was selling 50 items a month at one stage).

I Will simply reject the parcel (its going to work so may be hard) and if not just return it via Myhermes for £4.50 :P
 
Diagro said:
Its a Business Seller on ebay.

The account used to buy it is also a Business account, BUT i am not a Business and not a trader, Just ebay forced my hand years ago to use an account of that type to sell odds and sods (was selling 50 items a month at one stage).

I Will simply reject the parcel (its going to work so may be hard) and if not just return it via Myhermes for £4.50 :P
Click to expand...

That'll probably cause you a problem then as eBay will just see you using a business account so you'll have no recourse if he doesn't back down.
 
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