How can ebay force sellers to accept a return when the buyer made the error

[centralqueenslandscopes]

Emain  complaint to ACCC

Ebay continues to change its contract to the point where it is unfair. Ebay has now required buyers to accept all costs in relation to a remorse return. It can even require a seller to pay for the retrun. Ebay automatically accepts a return, automatically requires the seller to refund the buyer regardless of the issue. This causes a significant inbalance in the sale. IE a buyer can use any reason to return an item. sellers can no longer require a restocking fee to recoup the costs. EG an items costs wholesale $5.00 with RRP of $12 item sells for $20 inc post - post cost is $8.00 the buyer decides to return, ebay can force the payment of the post another 8.00 leaving if the item arrives damaged then then further losses are incurred leaving the seller out of pocket. Ebay is forcing sellers into this form of contract. If the buyer fails to package correctly and its damaged then further losses are incurred. Online systems are inevitable source of income for small business ebay is on system but terms and conditions change very regularly forcing sellers profit margins below RRP. https://sellercentre.ebay.com.au/SU18-1/Simplifying-Returns is the new policy 

[countessalmirena]

Hello, rookiller,

Is that a copy of the text that you sent to the ACCC?

You need to proof-read before sending communications of that sort. What is the ACCC supposed to make of your email when you're apparently contradicting yourself by saying one moment that the buyers must accept all costs in relation to a remorse return, and the next that sellers are required to pay for the return?

I am guessing that you mistakenly typed "buyers" but meant "sellers", but that's because we see that frequently on the boards. The ACCC may not have that insight and will completely misunderstand what you are saying. And that's a pity, because you make some points that are worth being discussed.

However, you've also included some inaccuracies that lessen the force of any legitimate point in your text. Most notably, you say that eBay requires sellers to accept returns irrespective of the reason - that remorse returns/change of mind returns are to all intents and purposes forced onto sellers. That isn't true.

From eBay's current User Agreement, I quote:

10. Returns and eBay Money Back Guarantee

Buyers can request a return or report that they didn't receive an item from their Purchase history.

If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

But ... while it's true that you as a seller don't have to accept change of mind returns (at least in theory), there's no doubt that eBay is pushing sellers to accept change of mind returns. I won't go into this because too much information may encourage bad behaviour.

You could make a complaint to the ACCC on the basis of being pushed into an unfair contract with eBay; however, that would mean - if a legal challenge on that basis is upheld - that you are absolved from the contract and its obligations, but does NOT mean that eBay are obliged to enter into a new contract with you in which the terms are more favourable to you.

You could make a complaint about not being able to charge a restocking fee. I don't know that the ACCC would involve themselves in that, but by all means make that complaint.

You could make a complaint about feeling pressured into accepting change of mind returns - but note that feeling pressured is not the same as being forced to do something.

I do think that sellers have things about which to make a complaint. I suspect quite a few sellers have been making complaints. It does not help, however, if a complaint made contains inaccuracies. Get all the facts right before shooting off an email - and check for clarity and spelling and correct wording.

I won't include suggested complaint wording here for reasons that I've referred to above.

Best of luck.

[bloodlust_03]

ebay can't force anything... as long as you stand up for your self and it's within ACCC guidelines ebay wont force.

best case if an event upsets you at some point simply go to a court house, filed a case to VCAT  will cost u like $50 and ebay will have to front up in court and defend their policy and if it is not within ACCC guidelines they will loose and then be forced to change policy.

[phorum_junkie*]

You do not have to accept change of mind returns however looking at a couple of your listings you have a sstated returns policy which means you have elected to accept returns for change of mind.

Change your returns policy to no returns accepted and the problem will be solved.

[centralqueenslandscopes]

The problem is here au law still requires returns for genuine reasons which I have no issue with. The ebay system does not seem to let you pick and choose.

[centralqueenslandscopes]

The accc issue was thrown in pretty quick - we are all time poor - but to Ebay's credit have actually responded and i think are looking at it. In general terms i am very happy with the ebay team. Its just these issues of returns where the the system seems to encourage bad buyer behaviour.

I have made a few complaints with ebay directly on this some of the operators actually agree. I think what needs to be done here by ebay is to not make the return process so easy for buyers. I have no issues for some returns. At the moment its Just too easy.
The return system needs require a buyer to first liaise with the seller. "does not fit" is the common reason for a return. This option should then ask - have you liaised with the seller to resolve it. That then should require the seller to provide follow up information - in technical issues of fitting then its in everyone benefit. If it become clear is a change of mind or the buyer bought the wrong thing then then ebay should side with the seller and apply the restocking.

[brerrabbit585]

If you say in your description that buyers can return unwanted items if they pay the postage then you can't cherry pick which items you'll receive change of mind returns on, you have to accept them for any reason.

If you tick the box that says you accept returns you're agreeing to ebay's terms in respect of returns so you can't say they're forcing you to do something - you voluntarily agreed to it. You'd be better off not ticking that box and then saying in the description that you accept returns under certain conditions.