The Wholesale Forums

[Energie_man]

Morning Campers!!

I've a bit of a problem here,i would like some views on where i stand before i reply.

The situation is i listed some Ipod OEM on Ebay,now this Guy or his granddaughter brought one via "Buy it Now",he recieved the item and now wants a refund because he thought he was buying an Authentic Apple Ipod Nano.

Doh!!

So i get an email requesting a refund,i explain he should have read the auction etc,as i state many times the item is not an Apple product,and i am not in the wrong here.

I then get this reply....

"Although e.bay is an auction site, as a trader offering articles on a 'buy
it now' basis, you will be aware that buyers still have the right to reject
items for whatever reason within a seven day period from the date of sale.
This is covered by the Consumer Protection (Distance Selling) Regulations
2000. Like me, my grandaughter was under the impression that Ipod Nano was a
registered trade mark of the Apple Corporation of the USA, and therefore
believed that she was buying a genuine product. She is now one very unhappy
child, and just wants the real thing.

You say that you like to have satisfied customers, but on this occasion you
have two very disappointed clients, so please agree a refund as per our
original e-mail, and maintain your enviable e.bay satisfaction rating. I
hope you will agree to this to avoid mutual ill feeling and recrimination."


Somehow thi guy thinks he is buying from a shop,and he is entitled to just take it back within 7 days if he aint happy.

Surely this isn't the case with Ebay too????

I'd like to hear others views on this situation.

Thanks Guys!

[MustHaveMobiles]

He IS entitled to a refund as the distance selling regulations still apply for Ebay transactions...it is a really complicated area because if you are a personal seller selling your unwanted items than the regulations do not apply(as far as I understand them but I do stand corrected if I am wrong) however if you are selling multiple units of the same brand new item you are technically a business seller and should be declarring it for tax etc and hence the regulations apply.

Personally I would process the refund providing he sends the goods back in the same condition as you got them and he would obviously pay the postage etc. the item can then be resold on again..

Care to post your auction to see how the buyer misunderstood your sales copy?

[Energie_man]

You've picked up on the point i mentioned.

I'm not obliged to offer 7 day refund,as this item was my own personal belonging.I brought "x" amount from a friend,and decided to try and make a few quid as they say.

I need to stress i am not a trader,i'm currently out of work,and although this is a business i want to start out in,i am only in the research process,and i'm picking up things and selling as i go.

Therfore,this surely dont warrant me with the same rules as it would a real trader.

I'll PM you my listing mate!

[MustHaveMobiles]

Originally Posted by Energie_man

I'm not obliged to offer 7 day refund,as this item was my own personal belonging.I brought "x" amount from a friend,and decided to try and make a few quid as they say.

In the eyes of the taxman et all that makes you a trader whether you are testing the water or not, you are buying to make a profit which is trading.

I have looked at the auction and in all honesty even though the description states that it is OEM etc the title is very misleading as it states iPod Nano (it does say OEM also but the general public probably don't know what this means). If the buyer is ebay savvy he will probably report you to ebay which may result in the auctions being pulled because they break Apples VERO policy as they are aiming to be ipods even though they are not (they do not like fakes of their products being sold). Once vero'd your auctions are flagged for regular review and so any others will also be pulled probably.

The call for a refund is completely up to you, I know I would but then different people think different ways. Let us know how it goes..

[BillyA]

Are you advertising these products as Ipods? If so, then he is definitely entitled to a refund. As he states in his email, he thought he was purchasing an official Apple Ipod. If you sold based on that trade name, then you deceived the client.

[Energie_man]

Originally Posted by MustHaveMobiles

In the eyes of the taxman et all that makes you a trader whether you are testing the water or not, you are buying to make a profit which is trading.

I have looked at the auction and in all honesty even though the description states that it is OEM etc the title is very misleading as it states iPod Nano (it does say OEM also but the general public probably don't know what this means). If the buyer is ebay savvy he will probably report you to ebay which may result in the auctions being pulled because they break Apples VERO policy as they are aiming to be ipods even though they are not (they do not like fakes of their products being sold). Once vero'd your auctions are flagged for regular review and so any others will also be pulled probably.

The call for a refund is completely up to you, I know I would but then different people think different ways. Let us know how it goes..

Before i listed these,i searched for sinilar items,so i knew how far i could go before i was being to misleading.
I wont make the mistake of purchasing these again,as they are more hassle than they are worth to be honest!

Once vero'd your auctions are flagged for regular review and so any others will also be pulled probably.

You were right with the others being pulled,i had 6 auctions running,all were pulled!

I've relisted them,but not in an all so misleading way,i probley shall refund this buyer,as i dont want neg feedback,and i like to keep a good reputation,and to be honest i cant afford to be banned from Ebay !

[Energie_man]

Are you advertising these products as Ipods? If so, then he is definitely entitled to a refund. As he states in his email, he thought he was purchasing an official Apple Ipod. If you sold based on that trade name, then you deceived the client.

This was my Title "IPOD NANO 4GB BLACK OEM MP4 MP3 PLAYER BNIB "

Can be interpreted in many ways,but as i previously quoted,i could get away with this title,until it got reported,now my title is simply " 4GB BLACK OEM MP3/MP4 PLAYER BRAND NEW IN BOX"

[BillyA]

By the way, if they look like Ipods - they are not OEM. They are fakes.

[spikeUK]

I think regardless of whether your listing was misleading it is probably a good idea to give a refund (with the buyer paying postage back) as the buyer obviously feels they have been misled in some way. This may not have been your fault but to keep your rep and prove to the buyer that you are prepared to refund will only show you in a good light, providing them with good customer service and obviously avoiding neg feedback.

[canada]

When you have the words IPOD NANO in your auction title,people would believe they are buying a official Apple Ipod.You should refund the full payment.