I am confused, new buyer protection

[raffta1]

Ok, I will admit I am a bit confused with the buyers protection policy. Yes I have read it, however I do have trouble with understanding some things. Now I know the whole posting and receiving the item is an issue and I have to prove the buyer got the item, ok, this will mean I will be using the signature on delivery method only, and this will be added into the item cost. 

The other thing I am confused on is the money back guarantee that ebay has enforced. I only sell stuff that I have around my home that I no longer need pr want. Some of these items many still be news with tags and/or never opened.

I do not run a business or have a business.

I do not offer a return policy or accept them (I have on the occasion when it was my fault, but only after a discussion with the buyer). 
I also do not offer a warranty only my items as I am not a retailer or business.
I am in Australia, so what Australian law covers me?

So were do I stand in this money back guarantee thing? I have read on some boards that this policy in part may not apply to me as I do sell second hand goods.

If that’s the case, I am looking for correct wording (law and/or legislation) that I may be able to add to my descriptions as a disclaimer, so that the buyers are also aware. And if an issue does arise I know the legal terms to use with ebay. Like I said I struggle with writing and understanding things I read, and more so if it’s a long document with a lot of legal wording.

I just need a simple explanation, if anyone can help I would be most grateful. It may even help other sellers like me. 

[*sparklz*]

Stating no returns means nothing at all.

If a buyer opens a dispute and if you can not come to an agreed arrangement and the buyer escalates it to a claim

one of 3 things can happen

1 the buyer is refunded and keeps the item and the amount refunded is added to your next ebay invoice

or

 ebay will get the buyer to print off a postage label to return the item to you to get their refund and the return postage cost is added to your next monthly invoice

or

If ebay find in favour of the seller then you keep your money and the buyer gets nothing but the item they purchased.

So when you do a listing make sure the description is 100% accurate and there is photos of every angle to avoid a not as described dispute.

Be a huge big time seller or a small seller like yourself it is supposed to be the same for everyone.

[raffta1]

I did read some were on here that under Australian law, I do not have to take returns, I wish i could find the info, but for the life of me, I am struggling to do so. 

I know it doesnt apply with item not as described, thats fine and understandable, but I am talking about warrenty type thing.

[raffta1]

Its more to arm myself against ebay if needed as I am aware that they are very unfair with their rulings. I need to find out my legal rights inregards to second hand items

[artyandchic]

I am exactly like you a small seller of mostly second hand items and collectables.  I recently asked ACCC about ebay over-riding my no refund policy, however ACCC said this was ok for eBay to do, so I guess we really do not have any protection with Australian law.

[*sparklz*]

Warranty type things mean very little on ebay unless the seller is a registered business so if something went wrong with in the disputable period then they can open not as described dispute and if after the disputable period there is nothing the seller would do to help out anyway as there is nothing the buyers can do other than initiating a chargeback if paid with a credit or debit card

If you sell an item at a garage sale and the buyer tales it and brings it back as it is not working then that is tough luck and you are under no obligation to refund them.

[raffta1]

This really sucks, as ebay dont see the item and dont care if the seller if being scammed

[raffta1]

Ok, so as I am not a business I do not have to offer a warrenty

[kopenhagen5]

raffa, this might help - http://pages.ebay.com.au/help/sell/return-policy.html

[jensmanchester-australia]

The money back guarantee applies to Items Not Received or for Items Not as described.

By law if an item is incorrectly described the buyer is entitled to receive a refund.

The money back guarantee does not cover buyers for change of mind purchases and sellers do not have to offer returns for change of mind purchases.

This applies to all sellers - whether they are business sellers or casual sellers.