Online Auctions (eBay) and Consumer Protection

Recently purchased a personal mp3 player through an ebay auction. However,
the vendor sent me the wrong but similar item - another item in their
auctions. They say I should return it in accordance with their returns
policy which involves administrative fees and my paying postal costs.

Do I have any protection under distance selling regulations or any other
part of consumer protection law. I do not think I should have to pay return
postal costs or anything else for their mistake.

Also (OT) bought two second-hand watches from individuals not traders which
don't work. Any rights here?


--
Joe Soap

On Thu, 15 Jan 2004 04:05:13 GMT, Joe Soap wrote:


Recently purchased a personal mp3 player through an ebay auction. However,
the vendor sent me the wrong but similar item - another item in their
auctions. They say I should return it in accordance with their returns
policy which involves administrative fees and my paying postal costs.

Do I have any protection under distance selling regulations or any other
part of consumer protection law. I do not think I should have to pay return
postal costs or anything else for their mistake.

Also (OT) bought two second-hand watches from individuals not traders which
don't work. Any rights here?


yes you do. Ebay is not an auction in the UK and the distance selling
act apply

uk.people.consumers.ebay has discussed this and the law is stated on
there.

Goods must be as described and fit for the job they are sold for, you
have the right to back out of any sale in the legal time, 14 days I
think, although Ebay will say otherwise on their live help , thats
because they think we all use USA laws, just tell them your from the
UK and watch them back out of the conversation and tell you to e mail
their support section


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In article , "Ian McNeill"
says...
ß Ø ® G wrote:

yes you do. Ebay is not an auction in the UK

What is it then ?

An interactive online advertising forum.

In article , Ian McNeill
writes
What is it then ?

EBay call it a "Venue" which basically means it's a private transaction
and you're on your own should it all go t*ts up

They do offer a really poor buyers protection system but it's very
limited (max £150 I think).

Kind Regards,

Jeff

"jeff davison" wrote in message
...
In article , Ian McNeill
writes
What is it then ?

EBay call it a "Venue" which basically means it's a private transaction
and you're on your own should it all go t*ts up

They do offer a really poor buyers protection system but it's very
limited (max £150 I think).

Kind Regards,


eBay now call it the Buyer Protection Programme it may be poor but its
something once you`ve sent your claim in and its official recieved you have
to wait 45 days for it to be assigned to a claim administrator where it is
given a claim number. Its like having your foot in the door after a further
45 days or so of no contact the administrator begins looking into your claim
and will attempt to contact the seller. After another long 45 days wait they
will advise whether you have been sucessfull or not if you have another 45
days before your compensation is paid out.

I got £ 65.01 back on a transaction that cost me £ 90.46 after 4 months of
sporadic communication between eBay and myself so I was pretty pleased in
the end.

In article , Nick Le Lievre
writes
I got £ 65.01 back on a transaction that cost me £ 90.46 after 4 months of
sporadic communication between eBay and myself so I was pretty pleased in
the end.

That was very fast by EBays standards. It took me just over 11 months
to get £115 back from the famous "Greenyweeny" auctions.

I do know others that have got nothing despite meeting all the relevant
criteria for claims, the EBay Community Q&A board has seen many such
tales.

Kind Regards,

Jeff Davison )

jeff davison wrote in
:

EBay call it a "Venue" which basically means it's a private transaction
and you're on your own should it all go t*ts up

They do offer a really poor buyers protection system but it's very
limited (max œ150 I think).



Does this mean there's no legal protection.

I'm the original poster for this thread and the problem I have has
worsened. I bought an mp3 player from a trader who advertises it as 'the
only mp3pro player' on ebay. Now, it plays mp3s fine and, in fact is quite
a nice player but it does not play mp3pros properly ie it doesn't have an
mp3pro decoder. All software and hardware mp3 players play mp3pros but they
don't do so correctly unless there is an mp3pro decoder or plug-in: winamp
eg has an mp3pro plug-in, media player doesn't afaik.

Where do I stand with this trader? I basically want my money back as I bid
for and bought the item on the understanding that it played mp3pro files
properly - most of my music collection is archived in that form. I've
already returned an incorrect item sent originally to get this player and
I'm not a happy bunny. Of course, Im going to email them but I want to know
what my legal position is before I actually get legalistic, if you know
what I mean.

Thanks.


--
Joe Soap

On Mon, 26 Jan 2004 19:50:24 GMT, Joe Soap wrote:

jeff davison wrote in
:

EBay call it a "Venue" which basically means it's a private transaction
and you're on your own should it all go t*ts up

They do offer a really poor buyers protection system but it's very
limited (max œ150 I think).



Does this mean there's no legal protection.

I'm the original poster for this thread and the problem I have has
worsened. I bought an mp3 player from a trader who advertises it as 'the
only mp3pro player' on ebay. Now, it plays mp3s fine and, in fact is quite
a nice player but it does not play mp3pros properly ie it doesn't have an
mp3pro decoder. All software and hardware mp3 players play mp3pros but they
don't do so correctly unless there is an mp3pro decoder or plug-in: winamp
eg has an mp3pro plug-in, media player doesn't afaik.

Where do I stand with this trader? I basically want my money back as I bid
for and bought the item on the understanding that it played mp3pro files
properly - most of my music collection is archived in that form. I've
already returned an incorrect item sent originally to get this player and
I'm not a happy bunny. Of course, Im going to email them but I want to know
what my legal position is before I actually get legalistic, if you know
what I mean.

Firstly, print & keep a copy of the item description and any subsequent
emails.

Secondly, go back to the seller, tell him you want a refund and run through
what you've told us.

Thirdly - if he doesn't help, did you pay by credit card or Paypal? If so,
then go back to the respective company and dispute the charge directly with
them.
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