Buyer wants a refund after 6 months!!!

[taskiwi]

I don't sell very often but have just listed a few items.  Then I get an email (question on current listing) from a buyer who wants me to refund on an item  bought in July as they basically don't like it now. I'm gobsmacked.   Where do I stand? If I took it back now I presume I wouldn't get a refund of FVF and PP fees (about $45).

[horizon1907]

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@springyzone wrote:

I was under the impression if someone bought prior to Nov 1st, the new conditions did not apply.

There is no way I would be doing anything and certainly not accepting it back for a refund.

It has probably been worn on and off for 6 months, it may have extra scratches and wear and tear.

You would be hard pressed to go into any shop and get a refund after 6 months on most things.

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She may have even swapped the Gems by now ??? I wouldn't even consider it after all this time has elapsed.

[duck---dodgers]

We should start selling those tape players they use on Mission Impossible, lets see them return those after six months even with the new rules.

[polly.the.cat]

l bought a pair, (yes two)  xxxx Blue stitching Mens Jockey Briefs,......they do not fit me anymore, bought in May 2014. Mr. Seller, l would like a REFUND, they no longer fit me, and are INAD.  You failed to inform me that l might grow out of them.  l was not to know this, please REFUND me. - crazy-2bye

[polly.the.cat]

                          In those Famous Words from Darryl Kerrigan - THE CASTLE  Movie (1997)

                                                                         'Tell 'em they're dreamin'.

[duck---dodgers]

Try this,

Dear buyer, had you informed me that you would be consuming food between the time I sent you tbought briefs and now, I would have been in a better position to predict that you could grow out of them eventually.

In future I would suggest you enquire from the food outlets of the consequences of consuming what they sell.

[tall_bearded01]

The Australian Consumer law only applies where the buyer falls within the definition of a ‘Consumer’ for the purposes of the Act; which effectively precludes all sales where the seller is a private individual sell goods which they own.  That is it only applies to people who sell goods for the purposes of generating a profit – business sellers.

Furthermore, the Australian Consumer Law doesn’t cover second hand goods and goods sold at Action.  These kinds are transaction fall under the revenant state based, be it the Sales of Goods Act etc.

Thirdly   the Australian Consume Law doesn’t provide a statutory base for change of mind returns.  These remain at the absolute discretion of the seller.  The returns that the Act does provide for is returns on the grounds that the item is not of merchantable quality, is not of fit for the intended purpose for which it was sold, or is being returned to be repaired or replaced under warranty, be it the manufacturer’s warranty of the extended warranty conferred by the statute.

Now this buyer wants to return a item simply because they no longer wants it.  As such, it falls under the category of a change of mind return.  Therefore, unless the seller, in their listing, expressly said they will accept change of mind returns, the seller has absolutely no obligation to accept it under the Australian Consumer Law.  And even if  in their listing they said they accept change of mind returns, that liability is limited to the period that the seller said in their listing they will accept those returns, and not one day longer.

[polly.the.cat]

 Like l said earlier,  

In those Famous Words from Darryl Kerrigan - THE CASTLE Movie (1997)  

     'Tell 'em they're dreamin'.

[phorum_junkie*]

Perhaps it is a bloke who has had the engagement ring thrown back in his face after she found out he bought it second hand on ebay

[ausbargainbasement]

Makes you wonder how many other buyers of items purchased before November 1 are under the illusion they can return items 6 months down the track, we all could be flooded with return requests, what i hate in the new setup, is when you purchase a item, then want to contact the seller, it is hidden, the only outstanding action in bold text is return this item.  As if Ebay is commanding you to make a return claim as soon as you purchase.

[Anonymous]

Imagine walking in to a jeweller in 6 months saying I want to return this ring. What a ridiculous policy unless it is an electronic item under warranty, you would be thrown out of the shop. Dont refund because she will try it on every seller then, have herself a nice new free wardrobe every 6 months.