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Comments
You can of course bid 1 or 100 times and reach the reserve and buy it.
If the reserve is £50, and you bid £5 (starting price), then £10, then £20, then £49.99, the bid showing will be £5. Your maximum bid goes up, but your active bid remains at the start price until either you meet the reserve or someone else bids. If someone else bids below the reserve, your bid will go up to their bid plus one increment (or £49.99, whatever is lower).
So you cannot bid against yourself to make the bid go higher.
So I will never use a reserve price again. If I think there is high demand and potential for good bids for an item, and I definitely want to sell, I will use Auction. If there is a selling price I absolutely want to get, and care less if it actually sells right now, I will use Buy It Now (usually with free shipping - added into the selling price, of course).
So, you bid on an item for 5 dollars and no one else has bid. In a reserve auction you can bid as many times as you like (not sure if it shows in bid history) to try to hit the reserve. BUT in the auction listing itself that everyone looks at, will still show whatever you bid currently until you hit the reserve
I still dint see why not just bid what you think, if it's less than the reserve its over valued so move on, else you may or may not win just like any other auction.
If whatever someone is selling is desireable and is listed to end at a sensible time (no point having it end when everyone is in bed or at work), no reserve is needed, and at 3% of the reserve price in fees, I wouldn't put a reserve in if I was selling something and was sure there'd be more than 1 or 2 interested parties that will bid against each other.
Still Ive stuck my bid on and I will see what happens. Fingers crossed.
Annoying though, ebay should do something about any neutral / negative feedback though, I've done nothing other than sell and supply the set as described!
Even so, I'd personally be inclined to accept the return at the buyer's expense and give a refund, but up to you.
If I had gotten the chance I would have offered him a partial refund first,to save on the hassle of a return.
And what do you mean by personal seller? Makes no difference if that's just your ebay account type. How many minecrafts have you sold? Thats the key issue. More than two and its likely that ebay will side with the buyer as the distance selling regulations would. At that point the no returns tick has no meaning and in fact, unless stated beforehand, the set could be returned damaged, opened and at the sellers expense. They can even just tell you its ready to be picked up and make you arrange collection. It's unlikely you'd get a buyer like that but it should be kept in mind.
http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained
and
http://pages.ebay.co.uk/safetycentre/rights.html (check out the section headed "What if you change mind").
In a nutshell, if you are a private seller, DSR does not apply to you. If you are a business seller DSR applies to you for Buy it Nows but not for auctions.
@cheshirecat - do you have that specific page you mention? I saw a couple of sections that muddied the water as I had established that I am not a business seller (I don't sell a lot so never really thought about it much tbh) but selling new things seemed to be a bit different; though again not really sure it should make a difference, loads of stuff on ebay is sold as and is new!
I think I might try two options:
1 - Refund in line with ebay policy and also trying to minimise any loss to me
2 - Partial refund to a level where the buyer is happier with the price (I guess RRP) - after all this is his real problem, no doubt he realises he can save himself a few quid now the set is widely available again.
I will probably post the outcome if that's of interest?
"Do I have to provide a refund if the buyer changes their mind?
Under the Consumer Protection (Distance Selling) Regulations 2000 you have to refund an item if the buyer changes their mind within 7 working days after the day on which the item was delivered. However, whether the Distance Selling Regulations applies depends on the type of item sold and the listing format used (see "Where do the Distance Selling Regulations apply", below).
Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.
If you didn't provide information about your business required under the Distance Selling Regulations, the buyer has up to 3 months to cancel the contract and get their money back. To get a general idea of the laws governing distance sales, we recommend that you review BIS’s summary of the Distance Selling Regulations and Directgov’s summary of consumers’ rights under the Distance Selling Regulations.
(Please note that, under the Sale of Goods Act 1979 (as amended), there's no legal requirement for you to provide a refund if the buyer simply changes their mind.)"
(http://pages.ebay.co.uk/businesscentre/returnsandthelaw.html)
Thats from a section about business accounts, but bare in mind if you are buying to resell in the eyes of the law you are operating as a business (even if you're not a legal entity) and in the eyes of ebay you should have a business account (http://pages.ebay.co.uk/businesscentre/whyregisteras.html)
Bottom line, if you have sold say 5 or more minecrafts especially as buy-it-now you haven't got a legal leg to stand on and ebay know that. They will make you refund, and the original postage costs and the return postage costs (all in line with the DSR). The good news is that although almost 0% of ebay sellers are aware of the DSR even fewer ebay buyers are so that propbably won't happen. All i would suggest is treat the ebay buyer with the utmost respect, give him the options you've put above (which are reasonable) and you should get away with out loosing money. If you don't and he is aware of the DSR or someone mentions it over a workplace coffee you stand to loose more. Like I say, they are well within their rights to open the box and send it back damaged.
From a legal stand point, trying to suggest you aren't a business seller if you are reselling is even more dangerous - it is a legal offence to try and hide the fact that you are a business and pass yourself off as a consumer (selling second hand unwanted gifts etc) exactly because it would allow you to cirmcumvent the DSR etc.
Probably a bit of a wake up call for me and may be of use / interest to others too.
I think a lot of us could do with knowing a lot more about where we stand legally when it comes to selling to be honest, myself included.
Take this one as an example - 6 sold, 6 available and not a business seller.
http://www.ebay.co.uk/itm/LEGO-Minecraft-Micro-World-21102-Exclusive-Set-Brand-New-Boxed-Sealed-UK-/261130968265?pt=UK_Construction_Toys_Kits&hash=item3ccc9e5cc9
Fairly sure ebay would side with the buyer and if they didn't the legal process would if the buyer really wanted to take it that route. And because of that ebay is even more likely to side with the buyer - they'd be crazy not to. The no returns comment is meaningless and the lack of any return postage costs on the listing or in future correspondence means the seller would be on the hook for all the postage costs and could even have to arrange for collection from the buyer.
Whether they are or not is another matter, as many see it primarily as a hobby, but soon realise with a little extra work it can be self-funded, even profitable.
Regarding the original poster, they stated that they don't play minecraft, so it would be a fair assumption it was bought for resale, therefore they are a business and liable for tax.
Basically anyone reselling who bought it for that purpose should be registered with HMRC (for UK sellers) and submitting an annual tax return