help legal standpoint ebay sale

[danroyle]

cheers for all your help guys will see if he gets back to me or disputes it with ebay.

[Stringent]

You did not offer any warranty with the board, so really you don't owe him anything. No refund.

[Yosh]

Just ask Scan when you place your next order if they will give you a refund on an item you purchased that has gone wrong, but you have thrown it away and see what they say.

I think you get the point and as pointed out already, you well within your rights to ask him to return the item so you can inspect it first.

It is more than likely he may well have broken it himself, and is using the oppurntunity to give you negative feedback as leverage to get a full refund.

No board, no refund.

[GoNz0]

7 days is 7 days, not 14 days

[Saracen]

....
SO this is were i need help were do i stand i am not giving this guy a refund without getting the board back does anyone know if i am within my rights to do this as i don.t wanna screw the guy over but am very sceptical as to why he threw it away.

if you buy a tv from currys and it dies you dont go into currys and say i wanna refund but i threw the tv away do you!!....

Assuming you're not a trader selling in the course of your business, where you stand if that about the ONLY rights he has is to expect the board to be as you described. Beyond that, the rule is caveat emptor .... let the buyer beware.

In private sales, it is for the buyer to ascertain that the goods are suitable, and their condition. As you offered a refund if the board was DOA and reported within 7 days, I'd say you could be held to that. But he didn't do that, so it's a moot point. And as you're (presumably) a private seller, the DSR and consumer rights given by the Sale of Goods Act don't apply. I've said before on the board how my old law lecturer used to describe this sort of private sale arrangement, which was "when buying a horse, walk round and count the legs, make sure there's one on each corner. Because after you've bought it, it'll be too late to compalin if you find it only has three."

I'd say it's frankly ludicrous for him to expect you to refund him after he's thrown the board away, and he's pushing his luck even if he could still send it back toy you. And while I'm not a lawyer, I'd say that his rights in this situation are, essentially, non-existent.

am very annoyed about all this i have 100% feedback on ebay over 5 years and perfect feedback here and pride myself on being a nice honest person.

I understand where you're coming from, but you know the board was working, I assume, when it left you. Does being "honest" include being taken for a mug?

There are people that will try it on on eBay. He may or may not be one of them. But either way, you offered a clear return policy, which is more than you were obliged to do, and he didn't avail himself of it. Ask yourself ....."why not?" Perhaps the solution to your dilemma is in the answer to that question.


Oh, and this kind of hassle, by the way, is why I don't flog stuff on eBay. I can't be doing with the hassle it periodically causes. It isn't, to me, worth the trouble. I buy occasionally (from carefully selected sellers), but have never sold anything, and doubt I ever will.

[GoNz0]

whos betting it still works

[Georgy291]

where did the thought off a refund even came in to this?

he threw the board away, you got nothing.....+1 no refund here either

show him this thread if you want and let him see how stupid he is

but think off something proper like scan, they wont refund unless they get the stuff back and play with it them selves

[strike-down]

If I hear you have refunded him, I will be heading over to wherever you live to give you a good slapping No proof that its dead, no refund. Whats to say the board isnt tucked away in a case purring along nicely? If he doesnt send it back to you so YOU can test it, tell him where to stick it. He could easily fake an email from a local company or DFI if he has any clue how to use photoshop.

[Jodo]

+1 for no return, no refund.

And be extra wary, if he complains to PayPal they will tell him to return it tracked. If he knows the system well he will possibly return an empty box and as long as it is tracked PayPal WILL refund your money to him!

If you receive a return from him, ask the delivery person to witness you opening it in front of them and take their name and contact as a witness. If you then need to go back to PayPal they will very likely side with you if you have an independant witness and copies of the email where he told you he had binned it (which will be even better if it came through eBay messages).

Admittedly, this scenario assumes he is a scheming scammer (or is willing to go that route now to get his money back), but it's better to be prepared

[mightymouse]

paypal wouldnt force a refund until he sends the board back to you so no worries you are quite safe

[mehmeh]

paypal wouldnt force a refund until he sends the board back to you so no worries you are quite safe

Stand corrected on that one then.. Hallejui they changed that policy as I took a near £200 lose on something supposedly miss described but obviously not so bad it wasnt worth keeping back in the day!

[Stephen C]

I've been using eBay frequently for years both buying and selling ALOT,
Lately I've been running into so many a##holes it's unreal.. I've had to open 5 Paypal disputes this week alone.

Maybe something to do with the recession and people trying it on I don't know but for now I've given up on both selling and buying for a while.

That aside, I wouldn't give a refund if I was in your position,
Had the same kind of issue a short while ago regarding some games I sold..
Was told they turned up scratched (there were 5 in total) I didn't believe that to begin with as I take major care over all of my discs.
Then when I said feel free to send them back to me and I'll refund you, I got an inbox full of abuse and they still had the cheek to file a dispute against me.

Paypal found it to be in my favour never the less but the aggro is just mind numbing, that and having funds locked up when you're in need of the money.

Hope you get it all sorted without much more hassle.

[moogle]

I've been using eBay frequently for years both buying and selling ALOT,
Lately I've been running into so many a##holes it's unreal.. I've had to open 5 Paypal disputes this week alone.

That's the problem with eBay, there's just no sure way of stopping the knobheads on there from buying your items. Even when you try to help they still don't understand or listen.

[danroyle]

i only sold on ebay as i had done some upgrades and the credit card bill had arrived and needed paying usually these days i buy/sell on here as its alot easier and no stupid fees.

Have not recieved any contact from him since i explained that without the board or letter from dfi that i wont pay him his money back.

[chadders]

Have not recieved any contact from him since i explained that without the board or letter from dfi that i wont pay him his money back.

Fancy that!

Unfortunately it's your good nature to have worried about this, +1 for you being in that category

[strike-down]

i only sold on ebay as i had done some upgrades and the credit card bill had arrived and needed paying usually these days i buy/sell on here as its alot easier and no stupid fees.

Have not recieved any contact from him since i explained that without the board or letter from dfi that i wont pay him his money back.

If its a letter from DFI, make sure that its sent direct from DFI to your doorstep if he goes down that route, and not one sent through him. As I said, it isnt too complicated to forge letters. My dads had it done to him, and he was going to refund the guy until I pointed out something odd on the letter graphic.