eBay: Who pays for return shipping of an item?

[nadona]

Just for your information.

Click here http://ocsnext.ebay.com/ocs/home and
type in "return shipping". 
Click top link "Who pays for return shipping of an item?"

Here's what we found for "return shipping" [ Previouspage ]
In most cases, the buyer pays shipping when returning an item to a seller. There is an exception however. Sellers pay return shipping if an item doesn't match the listing description and the managed return process is used. Buyers usually pay return shipping if they change their mind about wanting an item and returns are covered in the seller's return policy.

[Psi]

I wish aliexpress was like that.

Usually if they ship you the wrong item they refund the difference in value between what you wanted and what you received.

Then they tell you to sell the item locally and ask if you want a new order for the item you actually wanted.

[Kjelt]

I wish aliexpress was like that.
Usually if they ship you the wrong item they refund the difference in value between what you wanted and what you received.
Then they tell you to sell the item locally and ask if you want a new order for the item you actually wanted.

What great scam, this is a great way to sell all your old stock garbage. Probably if it happens it is an honest mistake but what a bad customer service to tell your customer to sell it himself.

[grumpydoc]

Depends where you live. In the EU the principal is that the buyer should not be out of pocket for warranty or description issues, so if the seller is a company they pay return shipping. If the seller is an individual the rules don't apply so the buyer pays.

Not quite.

When you pay for an item and the seller agrees to supply a contract is formed. The seller's part is to supply goods as described and fit for purpose. If they fail to do that then they haven't fulfilled their part of the contract - which they are still obliged to do. Any goods you did receive have pretty much the same status as unsolicited goods and if the seller wants them back it's up to them to make arrangements. The principle is not that the "buyer should not be out of pocket" but that the seller meets the contractual obligation to supply and that the buyer should not suffer undue inconvenience if the goods are faulty.

Added to this are the distance selling regulations - these were formed with the idea of giving the customer an opportunity to inspect goods which was equivalent to walking into a shop and seeing one on display. Again the principle is not that the buyer should not be out of pocket and allows the seller to stipulate that any return postage costs be borne by the purchaser. However sellers have to inform you of your rights and whether return postage is paid by the buyer or seller before you purchase - otherwise the seller will find that they are responsible and for up to three months from the date of purchase).

The Sales of Goods act and the Distance Selling Regulations apply whether or not the seller is an individual and, indeed, whether or not the goods are second hand or new. The DSR, however, only applies where the purchaser is an individual so don't apply to b2b sales.

The DSR also doesn't apply to sales at auction, including online auctions although this has the potential to be a grey area - on ebay I generally allow DSR returns in cases where there was just one bid as I can't really see any difference between that and "buy it now".

EDIT: At least that's the UK take on things.

[mamalala]

The Sales of Goods act and the Distance Selling Regulations apply whether or not the seller is an individual and, indeed, whether or not the goods are second hand or new.

By default, yes. However, in accordance with EU law, private people selling stuff can circumvent stuff like giving warranty, insuring the fitness of the goods, etc. However, they have to state explicitly that they are selling as a private person _and_ that they make use of that exemption. And of course, this applies to sellers in the EU only, obviously, since it is an expemtion in the EU law.

On eBay Germany you will find that private sellers usually add a small blurb stating that they make use of that exemption. So, while basic contractual laws still apply, private seller _can_ decline to offer certain things that a commercial seller must always offer.

Greetings,

Chris

[grumpydoc]

OK, it is true that SoGA doesn't apply equally to individuals and businesses. It does apply though, at least as far as items being "as described" goes.

Obviously the SoGA was conceived when such sales were likely to be small ads in newspapers and sales likely to be face to face.

For individuals selling via ebay auctions SoGA applies as above, a contract to supply is also formed when the auction ends so if the item is substantially different then the seller hasn't fulfilled that - I think the legal position would be that if the seller wants their goods back it's up to them to recover the item, not for the buyer to return it and that would be true whether it was an individual or business seller.

In practice, if a court had to decide, I suspect it would depend on the degree to which the item differed from the description.

Individuals can't wheedle out of the DSR either so "buy it now" items can be returned because a buyer changed their mind. In that case the seller can require the buyer to pay postage (as long as this was clear beforehand). TBH, as an occasional seller, I think this is a bit rough. If it's reasonable that a buyer shouldn't be out of pocket if the seller makes a mistake (which I agree with) why should the seller be out of pocket if the buyer changes their mind - but the seller will have to refund the outgoing postage which they cannot recover.

So it looks as though ebay policy is now "correct" (they used to say the buyer had to pay postage for return of "not as described" items which never struck me as correct).

Interesting point about warranties though. I don't actually know what the position in the UK is for individuals or second hand goods.

[tszaboo]

Yes, return shipping is payed by you usually on ebay. If they send you a defective item for 2 dollars, have fun sending it back. I think Even the envelope and the local shipping would cost me more. usually it is easier to claim that it never arrived, even that is a fraud.

[ignator]

Relative to eBay's policy, you must return the item with a shipper that has tracking the item as a absolute return method.
I just was screwed by a purchase from China, where the items cost $99, were incorrect, the seller agreed they were incorrect. The cost to return with tracking was $100, so to foolishly save the seller money, I shipped at lowest cost of $26. EBay canceled the "case", as I did not return per their rules. The seller still has not received the returned items, and I doubt if they ever will be honest and refund any money.
Lesson learned, don't buy from any place outside your continent, and any returns to be sent back, no matter what the cost for tracking. It just seemed irrational to spend more money to return then the original item.

[grumpydoc]

Lesson learned, don't buy from any place outside your continent

I try to limit international purchases to smaller stuff that won't hurt too much if it doesn't turn up.

That said I did get one chinese seller to issue a refund when an item didn't turn up so there are some decent sellers.

Warranties only apply to commercial sellers.

It's the definition of "commercial" and what is expected for second hand goods that bothers me. I am registered with ebay as a business seller since I do make a (small usually) amount of money from repaired test equipment but its more a hobby and I don't desperately want to get lumbered with a 2 year warranty on a 30 year old 'scope.

This is not to say that I wouldn't judge any claim that something I sent out worked initially then packed up on its merits (and I always pay shipping to recover an item if it is said to be faulty/dead on arrival) but I can't guarantee to be able to source an item for replacement nor is every fault going to be fixable and a full refund would leave me significantly out of pocket if its six months down the line from the sale.

Obviously if you're selling larger volumes, especially new stuff (where it's clear a warranty must be provided) you can factor returns into the sale price but it's extremely hard when you're selling a couple of items per month.