Those who sell vintage dolls please be aware of this unpleasant possibility with your sale

[renrahven]

Although this incident is specifically about dolls, this would apply to all products you can sell.

 just had to deal with a buyer who opened a claim with paypal because of a doll which has 3 holes in the body so water can drain out of the doll after it has been played with in the bath/water (this doll was specifically made to play with in the bath). As the doll is 25 years old paypal could not find any info on the net about this and I was told I need to accept a return on the doll as it's damaged. Please ensure you dont have to go through what I did, and be over $40 out of pocket for postage etc, by ensuring you even mention obvious things on a doll such as urinary tract exits on drink & wee dolls, because some buyers have the IQ of a rock.

[curvalicious_fashions]

It's definitely all about the buyer's and not the seller.

The buyer is always going to be favoured by E-bay, PayPal etc.

[imastawka]

Paypal and eBay need to be made aware that under Second-Hand Dealers Act there

is no legal requirement to refund. It gets up my nose when they say consumers are legally

entitled to a refund in Australia. Not on second hand goods. So I can see them holding this

over your head if you want to keep selling.

[*crikey*mate*]

---

@imastawka wrote:

Paypal and eBay need to be made aware that under Second-Hand Dealers Act there

is no legal requirement to refund. It gets up my nose when they say consumers are legally

entitled to a refund in Australia. Not on second hand goods. So I can see them holding this

over your head if you want to keep selling.

---

I've just read 3 different SHD Acts from different States, and they all seem to be about the regulation of SHD's - not B2C transactions, so I was wondering which State's Legislation you were referring to?

In the Mean Time,the ACL makes it perfectly clear that "Consumers’ rights to refunds and returns are the same for both ‘new’ and ‘second-hand’ goods. However, the expected level of quality and performance might be lower for second hand goods, depending on factors such as age and price."

"

the consumer examines
the goods
A consumer is not entitled to a
remedy if they had an opportunity to
examine the goods before purchase
and did not find defects that they
should have noticed.
For example:
> Second-hand goods and antiques
are often sold on an ‘as-is’ basis.
An antiques dealer is not required
to give a remedy for defects that
a consumer should have noticed
when examining the goods, such
as chipped surfaces or faded pain"

[imastawka]

 Jeepers crikey. Are you telling me that in 18 minutes you had the chance to read

the SHD Act  for 3 states? Been a dealer for 30 years in Victoria. Do I need to brush

up on what hasn't changed since 1990?

I merely empathised with OP for something which I'm sure you agree was OTT for Paypal

to insist on a refund.

For example:
> Second-hand goods and antiques
are often sold on an ‘as-is’ basis.
An antiques dealer is not required
to give a remedy for defects that
a consumer should have noticed
when examining the goods, such
as chipped surfaces or faded pain"

[*crikey*mate*]

on eBay, unless it is a pick up item, it is rare that a buyer gets to inspect the goods before purchase.

A consumer is not entitled to a
remedy if they had an opportunity to
examine the goods before purchase
and did not find defects that they
should have noticed.

Stawka, it's kinda important to tell people the correct info on these boards. SO, in the case of a lot of eBay transactions, there is a legal requirement to refund.

[thecatspjs]

---

@imastawka wrote:

 Jeepers crikey. Are you telling me that in 18 minutes you had the chance to read

the SHD Act  for 3 states? Been a dealer for 30 years in Victoria. Do I need to brush

up on what hasn't changed since 1990?

I merely empathised with OP for something which I'm sure you agree was OTT for Paypal

to insist on a refund.

For example:
> Second-hand goods and antiques
are often sold on an ‘as-is’ basis.
An antiques dealer is not required
to give a remedy for defects that
a consumer should have noticed
when examining the goods, such
as chipped surfaces or faded pain"

---

As the buyer has not had a chance to examine the goods then what is in or not in the listing description and photos will determine if the items condition, whether second hand or not, is as described or not.

Second hand items should still be as described and not misrepresented in the listing. 

Whilst a PITA -  all marks, features, faults, wear should be covered off in an on-line listing - saves everyone disappointment !

[imastawka]

I do understand that's the case in a lot of transactions, but I'm in paper collectables.

These are magnified to the enth degree so the buyer considers this to be examining

the article. Buyers do not automatically expect a refund. Very rarely is one offered in

a listing.

But I take your point about giving advice

[bsal6160]

Didnt we go through this argument on another thread about refund policy which applies to all auctions? The 2nd hand goods policy applies to a B&M store were buyers personnally inspect item before buying it.

[thecatspjs]

LOL I don't think that there are many posters or lurkers that read every single thread.  So topics will be covered over and again.

The legislation may have relevance to some ebay sales too - where the buyer has had a chance to inspect the item before purchasing.

I have inspected pick up items on several occasions before I have placed a bid or purchased. 

For higher priced listings you often come across sellers that encourage potential buyers to inspect before purchase.