"I don't need it anymore" and other unlawful return reasons

[spicy-pickles]

Has anybody had any luck refusing returns initiated through eBay's system?

I have a request for a return with the reason "I don't need it anymore" and even though the item is unopened, by law retailers are only required to refund where the goods are not fit for purpose, as described or faulty.

So what happens if I exercise my legal rights to not accept the return? From the buyers stated return reason, it is obvious it's a change of mind and I have no obligation to take it back.

I presume if I refuse, eBay steps in and steals my money anyway?

And even if I do issue a refund, does eBay refund my fees incurred?

[joethenuts]

for a start stores will take back most  goods as long as you have a docket   how many unwanted xmas gifts go back to stores after xmas ,   but ebays new policy states item not as discribed or if they dont get the item , i think you will be right   but it would not hurt you to ask ebay and get the correct answere   because at the end the buyer will be contacting you or ebay  .

[curraone]

The first thing you should do is check your sold item and see what returns policy you had

For example, in all my items I specifically say that returns are not accepted for change of mind or because they don't need it anymore

even though this should not be necessary because it is in ebay's own return policy.

This will help you decide whether ebay is going to back you if you decide against the buyer's request.

[curraone]

Understanding return policies

Did you know? If you don't get the item you ordered on eBay.com.au your purchase may be eligible for eBay Money Back Guarantee.

Important information for buyers: your legal right to return goods

As an Australian consumer, you have a legal right to return goods purchased from a business and to obtain a repair, replacement or refund if the goods:

• Are faulty or develop a fault within a reasonable period of time after purchase
• Are not fit for purpose (i.e. they don't do what the seller said they would do)
• Don't match the seller's description or sample
• Are of unacceptable quality, or
• Fail to meet other mandatory consumer guarantees under the Australian Consumer Law.

Consumer guarantee basics

If a product fails to meet one or more of the consumer guarantees, you can claim a remedy from the seller, such as:

• A replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage
• A replacement or repair if the goods otherwise fail to be of acceptable quality

To exercise these rights, the buyer should contact the Seller and may be required to return the goods and to provide proof of purchase. Remember, your rights to a return, replacement or refund for faulty or non-compliant goods are in addition to any other rights under the seller's return policy or any warranty that comes with the goods.

To use your rights, contact the seller, who may ask you to return the goods.

Please note: Consumer guarantees don't apply if you: 

• Have simply changed your mind, found the product cheaper elsewhere, or decided you don't like or need the product
• Misused a product and have caused or contributed to the failure of the goods, for example, by damaging or misusing the goods

http://pages.ebay.com.au/help/buy/contextual/return-policy.html

[spicy-pickles]

Those bricks & mortar stores only take goods back "no questions asked" as a gesture of goodwill and because their bottom line can absorb it, they aren't required by law unless goods are faulty etc. I think this is part of the reason the public these days feel it's their "right" to return items willy-nilly, even though the seller is under no obligation at all for reasons such as change of mind.

[curraone]

and the new options are so silly, who's to know whether the buyer has ticked the right one?

have you emailed the buyer to ask what is the problem?   or has he already told  you?    Don't click the returns button until exhausted all the communication options.

IMHO if it was a new item with nothing wrong with it, I would not accept the request.    It's getting so the sellers are blackmailing us at every turn.

[spicy-pickles]

That quote from eBay's return policies page is very interesting in that it goes against the reasons in their own returns system.

Please note: Consumer guarantees don't apply if you: 

• Have simply changed your mind, found the product cheaper elsewhere, or decided you don't like or need the product

The possible reasons listed under the returns system are:

--Select a reason--
It's the wrong size or doesn't fit
I don't need it anymore
I found a better price elsewhere
It's defective or doesn't work
It doesn't match the listing
It's missing parts or accessories
It arrived damaged
It's counterfeit or fake

Now, my policy is "Products that are faulty or unsuitable for the models(s) listed may be returned for a full refund."

Without going to the Postage and payments tab, the eBay system simply states "30-day returns" at the top of the listing under the price and buy button.

My full returns policy is as follows:

Item must be returned within: 30 days after the buyer receives it

Refund will be given as: Money Back

Return policy details: Products that are faulty or unsuitable for the models(s) listed may be returned for a full refund.

Refunds by law: In Australia, consumers have a legal right to obtain a refund from a business for goods purchased if the goods are faulty, not fit for purpose or don't match description. More information at returns - opens in a new window or tab.

So I would *hope* that if I refused to accept the return then eBay will find in my favour, whether that would actually be the case or not, well... prepare for frozen funds and a drawn out dispute I guess.

[spicy-pickles]

Yes, they have written all the details in the return system thankfully. It was a spare part for a machine that they have now disposed off, so no longer need the part.

They haven't left feedback yet, so I wonder will eBay remove potential negative feedback if I refuse to accept the return?

[indigorosey]

I got stung by a no returns policy as a savvy 1000+ feedback buyer, seeing the no returns, fabricated a reason under the 'not as described' condition (it was scratchy and didn't fit right).

I ended up accepting a return on the proviso that the buyer revised the feedback but I am still trying to get the defects removed. After multiple phone calls to eBay, each time they insist they have been removed this time but they are still there.

[phorum_junkie*]

My return policy states that I will refund the item cost onl yfor change of mind if the item is returned in the same condition it was when received so in the OP's case that is what I would offer the buyer. As they have clearly stated that it is a change of mind issue if you have a no refunds policy for change of mind then you can refuse to accept a return and refund.

The ebay policy is very clear that for a change of mind case the seller's return policy is what decides the outcome.

As for feedback one would hope ebay would remove a neg under those circumstances but if they don't it isn't the end of the world, sellers with hundreds of negs still manage to sell things. I would always choose the option that cost me less money so if I thought I could sell it for more than I got that time I would allow a return at their cost and then just relist it.