Refunds On Made To Order Items

Discussion in 'Legal' started by Dolphin-Design, Mar 2, 2015.

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  1. Dolphin-Design

    Dolphin-Design UKBF Contributor Free Member

    87 14
    Hello

    I have looked everywhere including gov.uk and can't find the information I need.

    Under the distance selling regulations what are the rules on refunds for hand made items?

    Can I charge a restocking fee? From what I have read this is something normally only done on electrical items

    I make and sell canvas prints and have someone on eBay returning a print demanding a full refund.

    Would much appreciate any feedback.

    Dan
     
    Posted: Mar 2, 2015 By: Dolphin-Design Member since: Aug 4, 2013
    #1
  2. john1989

    john1989 Guest

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    I am not an expert, but I believe custom orders are exempt from the rules unless faulty. What was the reason for the return?
     
    Posted: Mar 2, 2015 By: john1989 Member since: Jan 1, 1970
    #2
  3. Dolphin-Design

    Dolphin-Design UKBF Contributor Free Member

    87 14
    'I don't need it anymore'
    lol
    But this is eBay and I have a feeling even if I dispute the return and report the buyer I will still have to complete a full refund
     
    Posted: Mar 2, 2015 By: Dolphin-Design Member since: Aug 4, 2013
    #3
  4. OldWelshGuy

    OldWelshGuy UKBF Legend { Moderator }

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    @john1989 is correct, the DSR don't apply to bespoke items. But that doesn't impact on their statutory rights. why are they returning it? What reason have they given?
     
    Posted: Mar 2, 2015 By: OldWelshGuy Member since: Jun 12, 2008
    #4
  5. john1989

    john1989 Guest

    0 0
    What a customer.

    I'd dig my heels in on this one, if legally possible of course.

    I'm sure they can apply to PayPal for a refund but you will get given the opportunity to dispute first?
     
    Posted: Mar 2, 2015 By: john1989 Member since: Jan 1, 1970
    #5
  6. OldWelshGuy

    OldWelshGuy UKBF Legend { Moderator }

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    The problem with Ebay is they just leave negative feedback, it is a one sided marketplace weighted almost entirely on the buyer. (and don't those buyers know it)
     
    Posted: Mar 2, 2015 By: OldWelshGuy Member since: Jun 12, 2008
    #6
  7. obscure

    obscure UKBF Ace Free Member

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    OP - I just want to clarify. Bespoke/made to order is not the same thing as hand made.

    If you are making prints by hand (but which are all the same) and then offering them for sale, they would not be exempt under the DSR. To be exempt they need to be unique/custom made to order - meaning that the customer is able to choose from options to customise the item.
     
    Posted: Mar 3, 2015 By: obscure Member since: Jan 18, 2008
    #7
  8. Hash and Bash

    Hash and Bash UKBF Regular Free Member

    319 63
    Contracts with no rights to cancel under DSRs:
    "The supply of goods that are made to the customer's specification or are personalised - for example, a made to measure suit or pair of curtains, or a gift that has the recipient's name engraved on it. However, this exemption will not apply to items made to a customer's specification simply by combining stock items - such as a computer put together from stocked parts or a car ordered from a fixed menu of items"
     
    Posted: Mar 3, 2015 By: Hash and Bash Member since: Nov 8, 2012
    #8
  9. miggygreene

    miggygreene UKBF Contributor Free Member

    53 3
    You should make your return and refund policy conspicuous to the buyer before the sale.
     
    Posted: Mar 4, 2015 By: miggygreene Member since: Aug 26, 2014
    #9
  10. Hash and Bash

    Hash and Bash UKBF Regular Free Member

    319 63
    The PO used ebay for the sale - unlikely an ebay customer reads any policies.
    Ebay can also be a rule-unto-themselves when it comes to siding with the customer on disputed returns.
     
    Posted: Mar 4, 2015 By: Hash and Bash Member since: Nov 8, 2012
    #10
  11. OldWelshGuy

    OldWelshGuy UKBF Legend { Moderator }

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    Yep, no matter what, Ebay will just refund. Rarely does a seller win any dispute.
     
    Posted: Mar 4, 2015 By: OldWelshGuy Member since: Jun 12, 2008
    #11
  12. Dolphin-Design

    Dolphin-Design UKBF Contributor Free Member

    87 14
    Thanks for all your replies.
    Yes as expected eBay just took the money out of our bank account and back into the buyers after finding him in favour of the dispute I opened.

    I opened this dispute after one of the ebay support staff told me his reasons for return were not acceptable.

    I am appealing again although I am not hopeful of a successful resolution.

    Yes my items are hand made and I will have no use for this returned print. I have tried to amend my return polices on Ebay to include a restocking fee if the customer simply changes their mind. Its not possible and its either offer returns or don't.

    Thanks again
     
    Posted: Mar 9, 2015 By: Dolphin-Design Member since: Aug 4, 2013
    #12
  13. paulears

    paulears UKBF Big Shot Full Member

    4,758 1,284
    Ebay have rules, but they are very inflexible, so the consumer credit rules are superseded to the customers benefit by ebays blanket returns policy. The fact you are within the law doesn't mean you are within ebays rules - and they are what count.
     
    Posted: Mar 9, 2015 By: paulears Member since: Jan 7, 2015
    #13
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