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Right of withdrawal
Summary: wermelinger2006 is having difficulties with a purchase on eBay, where after exercising their right of withdrawal, the seller is not responding and no refund has been made. The disputes with PayPal and eBay were unsuccessful. One participant asks whether the seller is a professional, which wermelinger2006 confirms. Another participant advises that refusing delivery was a mistake and suggests sending a registered formal notice letter, then considering contacting the DGCCRF if the seller is a business in France.
Hello, I'm having an issue with one of my purchases on e-bay. Immediately after the purchase, I wanted to exercise my right of withdrawal, as provided by law for distance purchases. The seller refuses all communication; he doesn't respond to any of my messages. So I refused the item at the time of delivery and it was immediately sent back to the seller. He still hasn't refunded me and refuses all communication. Two Paypal disputes were rejected, you'd think that at Paypal they'd never heard of the right of withdrawal. I tried to open a dispute directly with e-bay but that was refused on the pretext that I had already opened a Paypal dispute (closed since.) Do I still have any recourse or is this system really designed to scam buyers? The worst part is that this seller would be a top Seller, it's unbelievable, he doesn't even have the decency to reply to his messages! Regards,
koalagris
Mentor8 months agoHello,
"I wanted to exercise my right of withdrawal, as provided by law for distance purchases" = it all depends where and to whom, because it is a French law applicable only to pro sellers.
"So I refused the item at the time of delivery" = which was definitely not what you should have done, because this action cancels any possibility of a dispute (you should have accepted delivery and then filed a return request).
https://www.ebay.fr/help/policies/ebay-money-back-guarantee-policy/rglement-de-la-garantie-client-ebay?id=4210&st=3&pos=1&query=R%C3%A8glement%20de%20la%20Garantie%20client%20eBay&intent=garantie%20client%20exclusion&lucenceai=lucenceai&docId=HELP1238#specialcoverage-inr
If your seller is a pro in France, start by sending them a formal notice by registered letter with acknowledgment of receipt (their contact details are on their eBay account and on all their listings), and if nothing changes, then take it up with the DGCCRF.
Best regards
francexpressdeal
Mentor8 months agoHello @wermelinger2006
you don't specify whether the seller is a professional seller or a private individual?
wermelinger2006
OP8 months agoHello, it's a pro seller, he has a SIRET number.