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    eBay seller terms overrule distance selling?

    Hi I'm about to launch a dispute on eBay over a brand new latitude e7440 I just purchased, for various reasons I don't want it anymore, but the seller is saying his terms on the page state he doesn't accept refunds if it's been booted etc, surely this is ridiculous? No wonder solely shop on Amazon now I forgot about the hassle eBay sellers can be sometimes.... Just wondering if his self imposed terms an conditions are enough for eBay to grant him not refunding the laptop?

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    17 Comments

    As far as I understand it, the new distance selling regulations cannot be overruled by the seller no matter what they state. I looked these up a couple of weeks ago to confirm.

    They aren't called Distance Selling Regulations anymore, but google will tell you what they are.

    Edit: The regulations say the item must be unused, with the same amount of handling given to the item that you would give it if looking at it in a shop. I guess booting it up might be something you would do in a shop, but personalising it in anyway isn't.

    Edit 2: Unless he can sell it again 'as new' then you have used it in some definable way and you may have trouble just returning this because you don't want it. Be certain he can't determine that you have used it - browser cache, history of executed application, anything you have installed, plastic covers been removed, etc.
    Edited by: "Tony68k" 11th Jan 2015

    I cant imagine an individual can over-rule the regulations but I'm not sure. I'm also very interested in hearing the correct answer

    errr I thought DSR does not apply to private sellers

    It will depend if the seller is private or business.
    also note the distance selling rules are for items brand new sealed.
    as rules state If you want to send item back then it has to go back as you received it

    jackvdbuk

    errr I thought DSR does not apply to private sellers



    Errrr, maybe its from a business seller?

    If you have switched it on then you've used it, so technically its used.

    The Consumer Contract Regulations provide a period for you to inspect your purchase in the same way that you would if your were purchasing from a shop. Would a shop allow you to boot up a brand new sealed laptop? Probably not. There are also specific exclusions for returns for sealed software to prevent copying.

    do i smell some buyer remorse?

    You'll win through eBay, I have before, open a dispute

    If the seller can't resell this as new then please think carefully. The law states the item must be unused. If eBay's policy lets you 'win' this dispute you might be harming the seller who might be a one-man-band trying to make an honest living.

    I tried to return an item i didn't want recently, which is why I looked up the regulations, after speaking to the seller, quoting the law, etc., I realised I was harming him and not only costing him his profit, but also costing him on top of this. I kept the item in the end and he gave me a goodwill credit.

    The Distance Selling Regulations are there to make sure you get the right make, model, colour ect.

    They're not there to give you a free trail of the item and then send it back used.

    Tony68k

    If the seller can't resell this as new then please think carefully. The … If the seller can't resell this as new then please think carefully. The law states the item must be unused. If eBay's policy lets you 'win' this dispute you might be harming the seller who might be a one-man-band trying to make an honest living.I tried to return an item i didn't want recently, which is why I looked up the regulations, after speaking to the seller, quoting the law, etc., I realised I was harming him and not only costing him his profit, but also costing him on top of this. I kept the item in the end and he gave me a goodwill credit.



    if only they where more buyer like your self.

    actually seller is correct, Very state this on their website. computers and computer software cannot be returned if its been connected/opened. possibly because you could have installed spyware/malware, and they don't have the necessary means to debug it as an amazon might do.

    'Non returnable under our Approval Guarantee, once installed or connected. Your statutory rights are not affected. See Returns section in our Help pages for more information.' - very.co.uk/com…ers
    Edited by: "espirit77" 11th Jan 2015

    jackvdbuk

    errr I thought DSR does not apply to private sellers


    I was under the impression auctions are excluded but not items purchased as a buy it now?

    one

    It will depend if the seller is private or business. also note the … It will depend if the seller is private or business. also note the distance selling rules are for items brand new sealed. as rules state If you want to send item back then it has to go back as you received it


    I was under the impression auctions are excluded but not items purchased as a buy it now?

    Original Poster

    It's not buyer remorse, it's the machine not living up to what I thought it would be so want something else, here's what's happened...

    Spoken with the seller before purchase he offered a discount but rushed me to buy for the courier was almost here, by the time I linked my card I use for my cash jobs up to my PayPal account I had minutes to spare, the price hadn't changed like he said he would, I purchased anyways assuming he would do a partial refund of the agreed amount... He didn't but that wasn't too much of an issue

    The laptop arrived... Minus the correct charger it came with what appeared too be a network sized charger it was tiny, luckily I had a charger of my own that had the correct specs to test it, he said he contacted dell and got them to send out a new one... It still isn't here

    Whilst trying to use it that night I was hunting around looking for the keyboard back light function which iv had on my past four laptops, including an earlier latitude, nothing worked, I read on some forums it was a driver issue I searched around couldn't find anything else, so checked it had a recovery partition, formatted c drive and put windows 8.1 on and downloaded all dell's drivers and installed

    Still didn't work, but I got the fingerprint working now which it didn't beforehand

    So Yeh it has been "used" so to speak but I'd call it a test to see if it's features worked, I wasn't happy about the fingerprint reader either I was used to the square FIPS model and now apparently they only do the swipe one which is crap compared to the FIPS one

    So no charger, fingerprint reader not working initially until I fixed it and not giving the discount we had discussed prior to me buying

    I bought the top specced model from him as brand new, he buys from Dell around 250 units at a time and obviously gets a massive discount and he resells them on eBay, business seller

    And the top model with the fhd touch screen can't be configured with the backlit keyboard he said.... No good too me is rather buy a yoga 2 or some other machine that has all the things I expect for that kind of money

    You obviously should have done a little more research before you made the purchase to ensure you bought a laptop suitable for your needs, but it sounds like you were under pressure to get the order in.

    In this case, I don't think it's the Distance Selling Regulations, or rather the Consumer Contract Regulations as they are now. As stated above, these are to ensure you get the opportunity to view the item, but not use them, before you decide if you want to keep them or not. You have definitely used the item, so these regulations cannot and should not be used.

    I think this might be a simple case of 'Not fit for purpose' or 'item not as described', basically because you haven't been supplied a correct charger. You were also promised a discount which didn't/hasn't occurred, so the seller hasn't kept their end of the bargain up.

    I would recover the laptop to the same state it was in when you received it, return it as not fit for purpose/not as described, and open an issue with eBay if necessary.

    The stuff about the fingerprint reader and the backlit keyboard should have been checked by yourself before purchasing. You'll find specs and reviews of this laptop on the net which you should have used. Lesson learnt eh?

    Original Poster

    Well the fingerprint reader not working to start with is an issue right away, whether it was fips certified or not, and whether it was the older square print type or new swipe type wouldn't bother me if it worked aswell as previous ones I've had

    I'll open a case tomorrow and see what happens, I have a suspicion that the machine isn't quite as brand new stock as he made out as there was nothing but a charger in the box, which was completely the wrong type and the fact the box was open...
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