eBay has now introduced a new Managed Returns process which they say is
mandatory for both you (as the buyer) and I (as the seller). It is an
'add-on' service intended to help you be more secure in your dealings on
eBay. It does not replace or over-ride your rights in law as a buyer, nor
mine as a seller. You are not obliged by any law to use the eBay Managed
Returns process if you feel it will not meet your needs.
I have been successfully running my own returns process for many years and I
continue to do so for my customers who do not use eBay. I can provide you
with a reliable returns process that is fully compliant with existing
law. You will find details of my returns process enclosed with your
Although the eBay Managed Returns process allows you to contact me directly
from within the process, it does not allow you to vary the terms of the return
once it has started. It is also inflexible in that it cannot
correctly deal with 'non-standard' returns such as swaps of the same item for a
different colour or exchanges of one item for a different item.
If you would like to discuss the issues surrounding the return before you start
the returns process please contact me directly, on eBay, outside of the eBay
Resolution Centre. You can do this via your 'Purchase History' using the
'More Actions' drop down menu under the blue 'Leave Feedback' button. Select
'Contact Seller' and then select 'I have a question about using my item
or I want to send the seller a message' option. Once we've agreed what
needs to be done to help you, you can choose which returns process to use.
If you wish to do something a little different to a standard return then I will
advise you not to use the eBay Managed Returns process, but of course, the
decision remains yours.
The eBay Managed Returns process only authorises you to use a small number of
return delivery providers. Further, only a limited range of those
providers services are approved for the Managed Return process. Details
can be found on eBays Help pages.
The basic premise of the eBay Managed Returns process is that you pay for the
return 'up front' and you are subsequently refunded for the item price and
original postage PLUS, if the circumstances dictate, you are re-imbursed for
the cost of the return postage. This is perfectly legal and is an
accepted way of 'doing' the return. As a result, you will need to pay a
minimum of £2.78 PER ITEM up-front to return your item, whether or not the seller
re-imburses you when the item reaches them.
My own returns process has the flexibility to allow you to use the cheapest
reliable/appropriate return delivery service available. In most cases, if
you live in the UK, you can return your entire order to me for the cost of a
Large Letter stamp. At the time of writing, Large Letter stamp prices
start from 73p, Second Class.
eBay justifies the £2.78 minimum charge by saying that tracking is necessary
for them to monitor the return. The law does not require eBay to monitor
the return. The law in UK and the EU only requires the buyer to provide
proof of postage to the seller in order to receive their refund and any
re-imbursement of return postage costs if the returning item goes astray and is
can obtain proof of postage free at any UK Post Office when you post your
return package. It is given in return for your package.
RETURNS/CANCELLATIONS - whats the difference?
'Returns' refers to the process of returning the unwanted item(s) to the seller.
Returning to the seller is usually required because when you decide to return
an item the ownership of the item(s) automatically goes back to the
seller. A return is usually associated with a cancellation of the
original order if an exchange, swap or replacement isn't agreed.
An order is the thing that marketplaces like eBay and sellers like me use to
record the requirements of the legally binding sales contract that you and I
enter into when you place your order.
So, if your return is associated with cancelling an order, you will also be
legally cancelling the sales contract.
Cancelling the sales contract is a right you may have under UK and EU
law. When buying on eBay you are buying at a distance. Because, in
the case of an eBay purchase, you will buy online, you will not have had the
'face-to-face' opportunity to inspect and assess the real physical item you are
buying, before you pay. You therefore have additional rights under consumer protection
law regarding ‘distance selling’.
UK and EU law gives a consumer the right to cancel, WITHOUT HAVING TO GIVE ANY
REASON, for a minimum of 14 days after they receive the item(s) they ordered
'at a distance', e.g. on eBay. The seller cannot refuse the cancellation
in these circumstances. This allows a buyer to check if something is
actually suitable for their needs and to return it for a full refund if it is
not. This gives the buyer the right in law to return an item on a
no-fault (of the seller) basis, for a limited time. So you don't have to
claim that the item is not correctly described or that it has a fault in order
for the seller to give you your money back.
There are some sellers who will voluntarily extend that 14-day period for
returns. You can usually find details of that in their return policy.
UK and EU law requires that sellers present certain information to potential
buyers before they buy. As eBay is not a seller, they do not meet the
requirements of the law on my behalf. And so, the next few paragraphs
contain the information I need to tell you about.
My voluntary 60-day returns policy extends the statutory period in which you
(the buyer) can cancel your order placed with me on eBay. This extended
period applies to both consumer and business buyers who purchase from me on
My returns policy is entirely separate to consumer's rights under the UK
Consumer Rights Directive. The Directive does not apply to business buyers
To avoid any confusion, as I don't supply pre-paid return packaging, the
eBay-supplied statement elsewhere on this listing "Seller pays return
postage" means that, initially, you will need to purchase postage for the
return. I will re-imburse the cost of return postage to you as part of the
return / refund / cancellation process.
FOR CONSUMERS RESIDENT IN THE UK AND EU - YOUR LEGAL RIGHT TO CANCEL - You have
a statutory right to cancel this contract within 14 days without giving any
reason (this is separate to and not affected by my 60-day return acceptance
policy for items bought on eBay). The cancellation period will expire after 14
days from the day on which you acquire, or a third party other than the carrier
and indicated by you acquires, physical possession of the goods. To exercise
the right to cancel, you must inform me of your decision to cancel this
contract by a clear statement (e.g. a letter sent by post or an e-mail). You
may use the model cancellation form words you can find the end of these notes,
but it is not obligatory.
My contact details are:
32 Abingdon Road
eBay does not allow me to enter an email address in this part of my listing.
You can find my email address at the bottom of this listing under ‘Business
Seller Information’ (or under ‘Legal Information’ on your mobile listing).
To meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the
cancellation period has expired.
If you cancel this contract, I will reimburse (refund) to you all payments
received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by me). I may make a
deduction from the reimbursement for loss in value of any goods supplied, if
the loss is the result of unnecessary handling by you. Please Note - You are
only liable for any diminished value of the goods resulting
from the handling other than what is necessary to establish the nature,
characteristics and functioning of the goods.
I will make the reimbursement without undue delay, and not later than: (a) 14
days after the day I receive back from you any goods supplied, or (b) (if earlier)
14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which I am
informed about your decision to cancel this contract.
I will make the reimbursement using the same means of payment as you used for
the initial transaction, unless you have expressly agreed otherwise; in any
event, you will not incur any fees as a result of the reimbursement.
If you have received goods in connection with the contract, you shall send back
the goods or hand them over to me, without undue delay and in any event not
later than 14 days from the day on which you communicate your cancellation from
this contract to me. The deadline is met if you send back the goods before the
period of 14 days has expired.
I will bear the cost of returning the goods (see Note 1 below). I may withhold
reimbursement until I have received the goods back or you have supplied
evidence of having sent back the goods, whichever is the earliest.
Note 1. Please refer to the note above entitled
'YOUR LEGAL RIGHT TO CANCEL'.
MODEL CANCELLATION FORM (OF WORDS)
32 Abingdon Road
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the
following goods, Ordered on*/Received on*,
Name of Consumer(s),
Address of Consumer(s),
Postage cost can't be calculated. Please enter a valid postcode.
Item location: Sandhurst, United Kingdom
Postage to: United Kingdom
There are 30 items available. Please enter a number less than or equal to 30.
Select a valid country.
Please enter a valid postcode.
Please enter up to 7 characters for the postcode
Postal order/Banker's draft
Seller's payment instructions
Orders are processed and queued for dispatch upon receipt of cleared payment. If you are posting payment to me, please include a note to identify who the payment is from (including the eBay buying ID used for the order). Please do not send cash in the post. Payment must be received before 0930 UK-time for sameday dispatch. Later payments will be dispatched on the next available working day. Please check your delivery estimates at the time you pay to see up to date information.
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