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.
