Discussion Forum: Thread 312675

 Author: CSC View Messages Posted By CSC
 Posted: Nov 16, 2021 18:25
 Subject: Does a seller have to accept my return
 Viewed: 270 times
 Topic: Problem
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CSC (717)

Location:  USA, Washington
Member Since Contact Type Status
Feb 5, 2021 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Not Just Collectibles
Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks
 Author: Teup View Messages Posted By Teup
 Posted: Nov 16, 2021 19:19
 Subject: Re: Does a seller have to accept my return
 Viewed: 87 times
 Topic: Problem
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Teup (6595)

Location:  Netherlands, Utrecht
Member Since Contact Type Status
May 6, 2004 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: BLOKJESKONING
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

You should check some local sources on what your right as a consumer are considering
returns, and send what you found to the seller if it offers an opening for you.
EU customers only pay return shipping if that is explicitly specified by the
seller - if it isn't specified, the seller pays even that.
However, you say the item was in too poor a condition. If you really got something
that does not at all match what you could reasonably expect, then that's
not a return, that's failure on the seller's part. If you want to play
hardball, you could actually consider this nonconformity and start a non-shipping
seller alert and/or a PayPal claim if the seller does not cooperate. I don't
know what you got, but if it really is bad, we need to be clear here that you
are the disappointed one here, not the seller. If it was OK but it just made
you realise you prefer new parts, then it's a return.
 Author: CSC View Messages Posted By CSC
 Posted: Nov 16, 2021 19:23
 Subject: Re: Does a seller have to accept my return
 Viewed: 71 times
 Topic: Problem
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CSC (717)

Location:  USA, Washington
Member Since Contact Type Status
Feb 5, 2021 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Not Just Collectibles
The item is used and it shows. I just do not like it that way. Others might think
it is OK.
Not sure how to handle it as I would like to solve it amicably, but the sellers
response does not show a lot of wiggle room here.
 Author: Teup View Messages Posted By Teup
 Posted: Nov 16, 2021 19:31
 Subject: Re: Does a seller have to accept my return
 Viewed: 63 times
 Topic: Problem
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Teup (6595)

Location:  Netherlands, Utrecht
Member Since Contact Type Status
May 6, 2004 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: BLOKJESKONING
In Problem, CSC writes:
  The item is used and it shows. I just do not like it that way. Others might think
it is OK.

Ok, so I guess it's a return then

  Not sure how to handle it as I would like to solve it amicably, but the sellers
response does not show a lot of wiggle room here.

I'd say, find some sources, like some consumers union or legal sources, that
write what your rights are in e-commerce. If you don't have any return rights,
then that's pretty much end of story. But if it turns out you do, you can
just show the seller and then at least it won't be a back-and-forth of wants
and opinions, but just sharing facts that you can't really deny.

Bricklink explicitly states in its seller terms (whigh your seller has agreed
to) that sellers need to respect any applicable consumer rights. It doesn't
say *what* those rights are, though, so that's up to you to figure out
 Author: Teup View Messages Posted By Teup
 Posted: Nov 16, 2021 19:33
 Subject: Re: Does a seller have to accept my return
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Teup (6595)

Location:  Netherlands, Utrecht
Member Since Contact Type Status
May 6, 2004 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: BLOKJESKONING
In Problem, Teup writes:
  If you don't have any return rights, then that's pretty much end of story.

Oops, forgot: Unless the payment method you used has additional terms of use
that include a return clause.
 Author: CSC View Messages Posted By CSC
 Posted: Nov 16, 2021 19:58
 Subject: Re: Does a seller have to accept my return
 Viewed: 68 times
 Topic: Problem
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CSC (717)

Location:  USA, Washington
Member Since Contact Type Status
Feb 5, 2021 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Not Just Collectibles
In Problem, Teup writes:
  In Problem, Teup writes:
  If you don't have any return rights, then that's pretty much end of story.

Oops, forgot: Unless the payment method you used has additional terms of use
that include a return clause.

Let's put the Sherlock Holmes hat on and see what I can find out.
 Author: legoman77 View Messages Posted By legoman77
 Posted: Nov 16, 2021 21:21
 Subject: Re: Does a seller have to accept my return
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legoman77 (3628)

Location:  USA, Texas
Member Since Contact Type Status Collage
Jan 22, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
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Store: 77's Bricks & Sets
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

If it was sold as used and matches that description, then no. This is not eBay.
If it was beyond used and damaged then maybe. Perhaps you should buy new.

John P
 Author: tjb01527 View Messages Posted By tjb01527
 Posted: Nov 17, 2021 04:54
 Subject: Re: Does a seller have to accept my return
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tjb01527 (2909)

Location:  United Kingdom, England
Member Since Contact Type Status
Nov 25, 2012 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Brickempire.uk - No fees
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

If you paid via Paypal, you could open a case. "Not as described" It's a
shame to fall out, but if I sold something that was of poor quality, I would
refund at least negotiate.
 Author: LeeGo73 View Messages Posted By LeeGo73
 Posted: Nov 17, 2021 05:23
 Subject: Re: Does a seller have to accept my return
 Viewed: 62 times
 Topic: Problem
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LeeGo73 (1247)

Location:  Netherlands, Zuid-Holland
Member Since Contact Type Status
Dec 28, 2020 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 2 buy 4 Bricks
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

Perhaps you can suggest to the seller to handle this matter according the terms
of your own shop;

"If Customer is not satisfied with a Product, such Customer may return such Product
to NJC. Returns must be received in original condition and in the original packaging
within thirty (30) days after receipt of the Product by Customer. The refund
will be reduced by a restocking charge equal to 50% of the price of the Product.
Shipping costs are non-refundable. The refund will be processed in the form of
a credit back to the original method of payment. All returns must be accompanied
with a return merchandise authorization (“RMA”) number which can be requested
from NJC. Products shall be returned at Customer’s sole risk to the destination
directed by NJC. NJC does not accept any returns or exchanges of special order
(configurable) Products."
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Nov 17, 2021 06:06
 Subject: Re: Does a seller have to accept my return
 Viewed: 47 times
 Topic: Problem
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tons_of_bricks (12739)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Tons of Bricks (GDM)
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

If the item accurately matches the condition and it's overly scratched, nicked,
worn, etc. then I don't see why he has to. How much was the item, is it even
worth it to send it back as if he did accept a return, you'd have to pay
return shipping, and most likely he'd then only refund you for the item and
not the shipping he paid to send it to you.
 Author: brac.brick View Messages Posted By brac.brick
 Posted: Nov 17, 2021 06:54
 Subject: Re: Does a seller have to accept my return
 Viewed: 67 times
 Topic: Problem
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brac.brick (1118)

Location:  USA, Massachusetts
Member Since Contact Type Status
May 19, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Brick & Brac
In Problem, CSC writes:
  Hi,

I bought something I would like to return.
The seller has no return policy in his store at all when I check the terms.
I sent the seller a message, he asked my why I wanted to return, I said, because
I am not happy with the purchase and he said that he can not accept a return
under these circumstances. All conversations were normal, so nothing bad. The
item itself is just "too" used in my opinion if that makes sense and I want to
return it. I understand that I have to pay shipping for the return most likely
and I am fine with that.

Can a seller just refuse the refund or what would be the best solution here?

Thanks

If the seller has a no return policy, then just chalk the experience up to a
learning one and move on. Have we all received items which we consider "too used"
or more used than we expected - YES. Do I return every item sold to me this way
- No. I think that if you are concerned about condition , next time you make
a purchase on BL, ask in advance before you buy. I personally pride myself on
selling gently used parts and if there are major scratches, nicks, etc , I comment
in the box provided but not all sellers do that. I also discount parts which
may be in this condition and say so. This is just my opinion.
 Author: MillionBricks View Messages Posted By MillionBricks
 Posted: Apr 18, 2023 10:40
 Subject: Re: Does a seller have to accept my return
 Viewed: 65 times
 Topic: Problem
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MillionBricks (4261)

Location:  Canada, Quebec
Member Since Contact Type Status
Mar 26, 2013 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Million Bricks
Hi!

I have precisely this kind of problem with a client, who bought a large number
of bricks filler well identified in my description at a ridiculous price. Now
he wants to be reimbursed because he considers the bricks not usable. he insists
on re-shipping me the briks and for a refund. Already opened a case at Paypal.
This is my store policy:
Fillers: Category # 3 = When you see *Medium to heavy play wear may have; scuffs/scratches/chips/nicks,
slight damage, or discoloration.* They must be considered fillers and are list
and price as so.(undetermined type). IN THIS CATEGORY, WE WILL ONLY REFUND MISSING
ITEMS. WE WILL NOT SEND ANY REPLACEMENT.

I wonder if I should refund and move on or go to the end of the Paypal case.

Will probably have a negative feedback anyways

Thanks
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Apr 18, 2023 10:46
 Subject: Re: Does a seller have to accept my return
 Viewed: 55 times
 Topic: Problem
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1001bricks (52301)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
  This is my store policy:

Problem is:
* buyers don't read Store Terms,
* often Terms are too long to read,
* many people don't read English,
* nothing forces a buyer to read or agree Terms (like a check box to click
"I have understood".


  I wonder if I should refund and move on or go to the end of the Paypal case.

You should refund gracefully, especially if it's not worth starting a war
for this.
 Author: wildchicken13 View Messages Posted By wildchicken13
 Posted: Apr 18, 2023 19:42
 Subject: Re: Does a seller have to accept my return
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wildchicken13 (875)

Location:  USA, Illinois
Member Since Contact Type Status
Aug 11, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Wild Chicken
In Problem, 1001bricks writes:
  Problem is:
* buyers don't read Store Terms,
* often Terms are too long to read,
* many people don't read English,
* nothing forces a buyer to read or agree Terms (like a check box to click
"I have understood".

You should refund gracefully, especially if it's not worth starting a war
for this.

On Step 1 of the checkout process, BrickLink does display the seller's terms
and conditions and the buyer must click "Agree and Continue" in order
to proceed to the next step.

However, store terms don't have much real power. PayPal generally protects
buyers' right to a return an item for a full refund.
 
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Apr 18, 2023 20:01
 Subject: Re: Does a seller have to accept my return
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1001bricks (52301)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
In Problem, wildchicken13 writes:
  In Problem, 1001bricks writes:
  Problem is:
* buyers don't read Store Terms,
* often Terms are too long to read,
* many people don't read English,
* nothing forces a buyer to read or agree Terms (like a check box to click
"I have understood".

You should refund gracefully, especially if it's not worth starting a war
for this.

On Step 1 of the checkout process, BrickLink does display the seller's terms
and conditions and the buyer must click "Agree and Continue" in order
to proceed to the next step.

What means "Agree and Continue" in Swahili?

What does this "bla bla" in Terms mean in Sweden?

Here anyway in EU, and for a private customer, you can't legally be bound
by something not written in your language (of course!)

But all in all, it's not the point.

I've scientific stats for you: 99.99% of buyers don't read ANYTHING,
including the shiping method "Please give us your Relay Point / Phone number
/ We can't deliver to PO pox", including/excluding anything, nothing,
or everything.

I was afraid of double negation.
In short, no, they read zilch, nada.

PS: and I do the same when I buy - I mean, I read but VERY quickly.
 Author: wildchicken13 View Messages Posted By wildchicken13
 Posted: Apr 18, 2023 20:27
 Subject: Re: Does a seller have to accept my return
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wildchicken13 (875)

Location:  USA, Illinois
Member Since Contact Type Status
Aug 11, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Wild Chicken
Indeed, I agree. It's like being asked to "read and agree to the terms
and conditions" when you download a piece of software. No one does, because
the terms are often very long and written in legal language few can read. But
by clicking "I have read and agree to the terms and conditions" you are
still bound by them even if you never actually read them.

The main difference here is that big software companies have lawyers who can
enforce their products' terms, while BrickLink sellers generally do not.
So it's BrickLink (which runs the site) and PayPal (which provides the payment
infrastructure) whose terms of service really matter.

And as you point out, store terms are often written in (sometimes bad) English,
which further weakens their validity in jurisdictions where the terms must be
in the language of the customer. At least PayPal has translated theirs into other
languages.
 
 Author: jennnifer View Messages Posted By jennnifer
 Posted: Apr 18, 2023 10:59
 Subject: Re: Does a seller have to accept my return
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jennnifer (3532)

Location:  USA, Illinois
Member Since Contact Type Status
Sep 8, 2009 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Old Grey Bricks
In Problem, MillionBricks writes:
  Hi!

I have precisely this kind of problem with a client, who bought a large number
of bricks filler well identified in my description at a ridiculous price. Now
he wants to be reimbursed because he considers the bricks not usable. he insists
on re-shipping me the briks and for a refund. Already opened a case at Paypal.
This is my store policy:
Fillers: Category # 3 = When you see *Medium to heavy play wear may have; scuffs/scratches/chips/nicks,
slight damage, or discoloration.* They must be considered fillers and are list
and price as so.(undetermined type). IN THIS CATEGORY, WE WILL ONLY REFUND MISSING
ITEMS. WE WILL NOT SEND ANY REPLACEMENT.

I wonder if I should refund and move on or go to the end of the Paypal case.

Will probably have a negative feedback anyways

Thanks

Sorry that you are faced with this frustrating situation!

I don't have experience on how Paypal would rule regarding item conditions,
but accepting a return with a refund is a fairly standard for online sales especially
if the buyer is paying return postage.

Don't forget that it is possible for buyers to fill a cart here without ever
being shown the item description via Easy Buy. For this reason, I only ever seller
filler bricks as a custom lot. You can accept that our system simply does not
enforce buyers to follow our personal terms, or enforce your own terms by
leaving (and likely taking) a negative feedback.

~Jen
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Apr 18, 2023 11:10
 Subject: Re: Does a seller have to accept my return
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yorbrick (1182)

Location:  United Kingdom, England
Member Since Contact Type Status
Apr 11, 2011 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Yorbricks
  Don't forget that it is possible for buyers to fill a cart here without ever
being shown the item description via Easy Buy. For this reason, I only ever seller
filler bricks as a custom lot. You can accept that our system simply does not
enforce buyers to follow our personal terms, or enforce your own terms by
leaving (and likely taking) a negative feedback.

Good idea.

I don't really understand why sellers list poor quality 'filler'
bricks here under catalogue entries. Not only is it possible for buyers to purchase
without seeing comments and terms, it also messes up the price guide but most
importantly can lead to buyer disappointment. Bundle as a custom lot that won't
appear in an easy buy or bundle with a description and photo on ebay, or a local
deal on facebook or similar to avoid high postage costs in comparison to the
value of the poor quality parts.
 Author: axaday View Messages Posted By axaday
 Posted: Apr 18, 2023 11:31
 Subject: Re: Does a seller have to accept my return
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axaday (7301)

Location:  USA, Oklahoma
Member Since Contact Type Status
Jun 28, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store Closed Store: Axaday
In Problem, yorbrick writes:
  I don't really understand why sellers list poor quality 'filler'
bricks here under catalogue entries. Not only is it possible for buyers to purchase
without seeing comments and terms, it also messes up the price guide but most
importantly can lead to buyer disappointment. Bundle as a custom lot that won't
appear in an easy buy or bundle with a description and photo on ebay, or a local
deal on facebook or similar to avoid high postage costs in comparison to the
value of the poor quality parts.

Or just give them to your daughters.
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Apr 18, 2023 11:58
 Subject: Re: Does a seller have to accept my return
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yorbrick (1182)

Location:  United Kingdom, England
Member Since Contact Type Status
Apr 11, 2011 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Yorbricks
In Problem, axaday writes:
  In Problem, yorbrick writes:
  I don't really understand why sellers list poor quality 'filler'
bricks here under catalogue entries. Not only is it possible for buyers to purchase
without seeing comments and terms, it also messes up the price guide but most
importantly can lead to buyer disappointment. Bundle as a custom lot that won't
appear in an easy buy or bundle with a description and photo on ebay, or a local
deal on facebook or similar to avoid high postage costs in comparison to the
value of the poor quality parts.

Or just give them to your daughters.

My daughter wouldn't use filler, she has plenty of clean parts bought here,
mainly in pinks, lavenders and purples that seem to be worth even less than filler!
 Author: Nubs_Select View Messages Posted By Nubs_Select
 Posted: Apr 18, 2023 12:00
 Subject: Re: Does a seller have to accept my return
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Nubs_Select (3751)

Location:  Canada, Ontario
Member Since Contact Type Status
Mar 15, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Nub's Select
What some (myself included) do for filler standard bricks is list them in the
not applicable colour so it’s dosnt mess up the price guide and from the looks
of it that’s almost the “standard” thing to do so it dosnt mess up the price
guide at all and then there isn’t an image so the buyer dosnt visually confirm
it’s the right item which might make them wonder what it is then double check