About Return Policies

[digital*ghost]

This was something I was sure I'd read somewhere within eBay's maze of help & policy pages, but proved difficult to find again... However, in light of the new TRS+ requirements and the fact that many sellers will be changing their return policy, I thought it was important to note it as I know it is a common practice to state Returns Accepted with the condition but not for change of mind or only for not as described.

eBay's policy is:

If you accept returns, a buyer can return an item for any reason, including when they change their mind about a purchase. However, you can specify the conditions required for return—for example, if an item must be unused, unopened, or in original packaging.

http://pages.ebay.com.au/help/policies/selling-practices.html

So , if you do not want to accept change of mind returns, you should have the policy set to 'No Returns Accepted'. 

[extra-keen]

Thank you digital, that is interesting. With 30 day returns being encouraged, for many sellers that will be critical, we don't want things to be used - re-packaged and returned.. LOL and for book sellers - customer reads book and returns for refund??? I wouldn't be offering 30 day returns on books...

[digital*ghost]

I have no plans to change my return policy - most of the new TRS+ requirements don't suit my business model at all, so unless sales stop dead after it all takes effect, I won't be doing anything differently. 

I think the return policy thing is quite ambiguous in real terms, as I know there are members (both buyers and sellers), who presume 'No Returns' to mean no returns accepted at all, even for not as described or faulty items. The policy above I'd say is eBay's "official stance", but it's a bit like COD in practice, in that the common interpretation of what it means differs, and will cause the occasional hiccup when people's interpretations or understanding differ, rather than guarantee one. 

[thecatspjs]

Digital the site map is incorrect.

The actual return requirement (as it states on the return section when you are listing) is that your policy meets the requirements of Australian legislation - and this does not include change of mind. 

I have conditions on my returns, for example on this ID I meet the whacky-doo seller plus new requirments for returns on all of the listings that have 30 days return.  Somewhere on your seller dashboard somewhere you can check if your listings meet the requirement, and mine do.

Another example of misleading site map information.  I stumbled across an ebay site map page that says buyer and seller protection is also available on pick up items also - do I believe it, nup.

[digital*ghost]

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@thecatspjs wrote:

The actual return requirement (as it states on the return section when you are listing) is that your policy meets the requirements of Australian legislation - and this does not include change of mind. 

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I know, but you can select 'No Returns Accepted' and still meet the requirements of Australian Legislation, because 'No Returns Accepted' does not mean the buyer no longer has their consumer rights - which is the right to a refund if something is faulty, not fit for purpose, or otherwise not as described. 

[*crikey*mate*]

It doesn't matter what terms and conditions any Australian body or any Australian business, agency or organization includes in their terms of sales, they do not override Australian Consumer Law. No policy, wherever written regardless of who writes it (even the govt itself) can negate or circumvent Australian Consumer Law.

To go through this link, scroll down a bit and open up the PDF booklet provided under the picture of the phone which explains ability and restrictions relating to retuns. Australian Consumer Law

This is a link about refunds and returns from Consumer Affairs Victoria, (CAV) however, their information and advice provided relates to and is based on Australian Consumer Law, and thus can be used by anybody throughout Australia .

Same CAV website, but specifically relating to online purchases.

[pinktoedannie]

By stating 'no returns accepted' on new items it is admitting in black and white that you are going against the consumer rights under Australian law.  A buyer could take it as such.  What are you going to say 'oh, I didn't mean it' if they leave you a negative over it?  It holds no weight. 
Better to accept returns - you don't have to do it on ebay's terms, but you do have to make sure you're not breaking the law.

[*crikey*mate*]

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@pinktoedannie wrote:

By stating 'no returns accepted' on new items it is admitting in black and white that you are going against the consumer rights under Australian law.  A buyer could take it as such.  What are you going to say 'oh, I didn't mean it' if they leave you a negative over it?  It holds no weight. 
Better to accept returns - you don't have to do it on ebay's terms, but you do have to make sure you're not breaking the law.

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Technically speaking, that is not entirely true. It may be how an uninformed buyer interprets your statement, but it does not indicate that you are necessarily circumventing a consumer's legislated rights. (SOME misinformed sellers may believe that their T&C trump the ACL or they may not even be aware of it's existence and the laws it dictates - but guess what? That doesn't matter)

It is just a policy, not a law, and as I have previously explained, no policy can negate or circumvent Australian Law.

For example, In Queensland, Corporal Punishment is legislated as LEGAL in ALL schools, whether private or public. However Education Queensland have a Policy prohibiting the use of the cane/ corporal punishment in PUBLIC schools.

What this means is that should an employee of Education Queensland carry out an act of Corporal Punishment, they have not committed a criminal offence or broken any laws and thus cannot be penalised by the law, however, they have broken a term of employment by their employer, so their employer can take action against them in accordance to what is set out in their POLICY document.

The Dept of Education is NOT breaking any laws by having this policy as there is no law saying that they can't create it, but their policy cannot trump Australian Legislation. Civil Law tells you what you can do, Criminal Law tells you what you can't do.

[pinktoedannie]

Your example is a bit confusing, however, you are wrong.    Businesses are not allowed to misinform customers.  They are also not allowed to have policies that contravene existing law.

[thecatspjs]

Regardless of consumer law ebay policy ....

To meet Top Seller Plus requirements and get badge, your 30 day returns can be conditional.