Function NO RETURNS ACCEPTED
The Consumer Code justifies the presence of the function in question, which allows the seller, whether a private individual or a professional, to indicate the possibility and conditions of returning the sold item. In fact, the private individual does not have the duty to accept returns as the professional seller does, but in theory they can do so, and this function, which specifies whether returns are accepted or refused, is still very useful, at least for private individuals selling their own things. If Ebay treated private individuals like professional sellers, it would be contradicting itself, given that this function is still present and, when no longer justified, misleading. Evidently it is justified
9 comments
marioelegio
·2 years agoYou're completely wrong.
The private seller can refuse to accept a return only in the event of the buyer changing their mind.
Already in the Civil Code, in force since 1942, the possibility is provided to return an item that is non-compliant or unsuitable for use, even without the seller's consent and with all expenses borne by them (art. 1490).
hi
mario
rehald
OP2 years agoHere it’s not simply a return; the recipient is demanding to send back unusable goods, a pile of shards, and get 50 euros back for shards. There is no law that can require something like that
rehald
OP2 years agoAnyone can say what they want, but to me it seems there’s confusion between a professional seller and an occasional seller. For the latter, the following applies:
The right of withdrawal extends to online auctions, like eBay, although goods purchased through an auction can only be returned if bought from a professional seller.
https://www.agcm.it/pubblicazioni/dettaglio?id=f6f66b8b-b3db-4338-be67-f936e0eda86e&parent=Vademecum&parentUrl=/pubblicazioni/mini-guide
I’m not a professional seller, ergo the issue is resolved
marioelegio
·2 years agoUnfortunately, you keep cherry-picking only the parts of the rules that suit you and you don’t read what other users quote in their replies.
For the buyer’s withdrawal or change of mind, governed by the consumer code, the private seller can refuse the return.
But if you yourself say that the buyer wants to return the item because it’s broken, then withdrawal has nothing to do with it at all.
You need to refer to art. 1490 and art. 1492 of the civil code, which apply to all sellers.
bye
mario
rehald
OP2 years agoCivil law has the force of law, which means it can be amended and even repealed by later laws, like the Consumer Code itself. The purpose of the latter is to protect consumers against professional merchants. That is the spirit of the law, if you get the point: to protect the consumer against merchants.
Now the point is that I am a consumer too and not a merchant. I cannot consider myself a professional merchant and adapt to the rules imposed by Ebay, because if I did, I would be in breach with the state, since I do not have a VAT number precisely because I am not a professional merchant.
I am a consumer, a private citizen who occasionally buys or sells what he owns, and I deserve to be protected from the "smart alecks" just like everyone else.
Now here it is being demanded that I - private citizen, consumer, non-professional seller of my own goods - shoot myself in the foot by classifying myself or allowing myself to be treated as a professional merchant. Because to satisfy the dissatisfied user I should appear to be what I am not, and subject myself to all the legal penalties.
Furthermore, since I have not published the return rules, under the Consumer Code I would be liable to return requests for a year from the delivery of the goods, which would enable Ebay to keep me hanging for a period corresponding to that duration.
Ergo, I am ditching Ebay because it does not protect me either as a consumer or as a non-professional seller. Since I opened the account, I have sold only 19 items out of several hundred, the last of which, although similar to other fragile ones regularly shipped and received without problems by buyers, ended up the way you know.
As a non-professional seller I can sell up to an amount of 5000 euros before having to open a VAT number, but I am far from that amount, and here they want me to let myself be treated as if I had reached it, as if I were a professional seller. Maybe soon, because of the generous with other people's money, they will also take action against me for VAT evasion, or force me to issue an invoice ...
Are we kidding? There are laws to be respected and Ebay is not free to set random rules that lump together private debtors and professional sellers.
Tonight I received yet another reminder to sort out the situation with the buyer, to which obviously one cannot reply directly, because Ebay is an automatic system that tends to maximize profits and avoid hassle. So here I am, amusing the trolls' evenings, because I cannot reply directly to Ebay. But after everything I have written, if the buyer turns to Ebay to have it intervene, it can read my posts on this forum and act accordingly.
I repeat: I am not a professional merchant, I am a consumer who sells his own stuff and also buys on Ebay. I couldn't care less what actual practices are followed by couriers and their insurers, whether they meet their obligations or fail to meet them: I do not pay for the failure of the carrier, the insurer, the recipient or his doorman. Clear?
marioelegio
·2 years agoHonestly, I tried, but I’m afraid it’s no longer worth replying to you.
With your crazy theories, you’ll only hurt yourself.
daxsisko
·2 years agothey probably blocked their funds...... otherwise I can already see the silhouette of NI.VI on the horizon .......
rehald
OP2 years agoThey haven’t blocked anything of mine, they can’t, they have no grounds to do so, there is no proof that the damage was caused by me. The user must go to the one who caused it, the courier, but this user is also a liar, because he made up that I sent him a package weighing 8 kg when it was 6 kg. He replaced the box I sent him with another one, this makes me certain that he is a scammer, and I don’t give scammers any rope.
Regards
rehald
OP2 years agoI don’t see what bad thing could happen to me. Ebay isn’t the only platform out there, and if it doesn’t protect me I have no problem leaving it. I can’t behave like a professional seller because I’m not one, and if I did, I’d make my situation worse. Ebay doesn’t have an enforceable title to block my account; it can only arbitrarily take the money from the sale, but since there is no sale and there won’t be any other public offer to buy on Ebay as long as the fraudulent user doesn’t withdraw their claims, they can wait forever. The matter isn’t as straightforward as you think, because the user can turn to the carrier that delivered the goods and, with proof of the damage, get compensated. From me they’re demanding something that would turn damage into profit, and that’s fraud. It doesn’t matter who made the contract with the carrier or with the intermediary; what matters is who caused the damage, and there’s no question that the carrier’s damage is presumed.
If the user goes to the carrier’s website, they’ll find the form to submit a compensation request, a form dedicated exclusively to parcel recipients. They definitely know it and have already reached out; with me they want to make an unfair profit, making a difference of 50 euros on their expense, but I don’t have “sucker” written on my forehead, so they’ll be left without a penny. They should turn to the carrier instead of making up that I didn’t know how to pack the goods. I’ve already made other shipments of fragile goods and they all went fine. Then along comes the young gentleman who wants the goods delivered to his doorman, and the delivery goes badly. Their problem, I don’t know what I can do about it, I’m not a professional seller and I’m not responsible for deliveries that go wrong because of someone else’s fault.
Regards