The Student Room Group

What are MY rights?

Hypothetical situation: sold something on ebay, sent it 1st class standard as described in listing. The buyer emails wanting a refund if the item is not delivered in 15 working days.

The item has been sent as described, using the postage method as described and seller has proof of postage.

Hypothetically, could I have done anything that could warrant the buyer demanding a refund and eventually getting a refund?
Reply 1
Ilora-Danon
Hypothetical situation: sold something on ebay, sent it 1st class standard as described in listing. The buyer emails wanting a refund if the item is not delivered in 15 working days.

The item has been sent as described, using the postage method as described and seller has proof of postage.

Hypothetically, could I have done anything that could warrant the buyer demanding a refund and eventually getting a refund?


As long as you stick to the terms stated in the auction, the buyer has no grounds to demand a refund. (Assuming you are selling as a private individual and not as a company/business)
He/she will get a refund if they open a paypal dispute as you didn't send it by traceable post. If they were out to scam you, then you've lost this one, I'm afraid.
Reply 3
I would think he'd lack a legal basis for demanding a refund if he sent the email after he paid you sent, but I can't be certain as I'm not sure exactly how the law of sale operates with regards to distance selling since the "trade" happens in different stages.

eBay's rules might well be very explicit outside of the law, though. They generally lean toward helping buyers, so it could be the case that they do require one.
Reply 4
Aack
As long as you stick to the terms stated in the auction, the buyer has no grounds to demand a refund. (Assuming you are selling as a private individual and not as a company/business)
Yeah I did stick to the terms. I'm an individual seller, not business...

Would I have to pay her money back? or does paypal pay for that?
Reply 5
Ilora-Danon
Yeah I did stick to the terms. I'm an individual seller, not business...

Would I have to pay her money back? or does paypal pay for that?


Just email the buyer saying you have performed your obligations as per the terms of sale and any delay in delivery is due to Royal Mail, not you.
Reply 6
Yeah I've said all that in about 5 emails. She's being dead unreasonable!
Reply 7
No, you're being unreasonable.

It is your responsibility to ensure it gets to the buyer. If you only have a proof of posting, you can't be sure they got it. So if they say they haven't received it, you need to give them a refund. If they take it up with paypal, paypal will decide in their favour.

You can then use your proof of posting to claim back from Royal Mail, though.
Have a look at this:

http://www.royalmail.com/portal/rm/customerservices?catId=400144&pageId=cs_claimform&csd=loss

you have to wait 15 days from posting before it can be reported as missing and that's how long the buyer's giving you so it seems fair enough for them to request a refund which you then get back from Royal Mail.
Reply 9
Surely my responsibility stops as soon as it's handed to Royal Mail? I'm not responsible for items getting lost in the post. How can I possibly be held accountable for that?
Reply 10
Ilora-Danon
Surely my responsibility stops as soon as it's handed to Royal Mail? I'm not responsible for items getting lost in the post. How can I possibly be held accountable for that?

Say you ordered a washing machine something from Argos, you paid for it and everything was ok. On the day of delivery...nothing comes. A few days later a guy from Argos rings you up and says "Sorry love, the haulier nicked off with your washing machine, but how can I possibly be held accountable for that?"


Royal Mail are in the wrong here (if it doesn't arrive in 15 days), and as stated above you'll be able to claim your money back from them. A bit of inconvenience, sure, but it's better than the buying getting ripped off.

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