eBay Ireland - Business Centre - Law & Policies that affect you

This page describes how the law relates to returns and warranties you offer to consumer (non-business) buyers, for example when you sell on eBay. It provides advice on the following common questions:

Do I have to refund a buyer if they change their mind?
Do I have to refund a buyer if the item is faulty or damaged?
Is it my responsibility to replace or refund the item if it gets lost or damaged in the post?
Do I have to provide a warranty?
What if I provide a service?

Note: this page is for informational purposes and only applies to sellers based in the Republic of Ireland. If you're based outside the Republic of Ireland, different rules are likely to apply. This page is not intended to be legal advice. If you're unclear about how any of these laws apply to you, please seek advice from a lawyer or similar professional.

Do I have to provide a refund if the buyer changes their mind?
Under the EC Protection Of Consumers In Respect Of Contracts Made By Means Of Distance Communications Regulations 2001 (the “Distance Selling Regulations”) you have to refund an item if the buyer changes their mind within 7 working days of the day on which the item was delivered. However, whether the Distance Selling Regulations apply 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 seven working days from 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 (unless you clearly informed the buyer, before the contract was made, that they'd have to meet postage and packing charges on cancellation). The only cost the consumer must pay is the cost of returning the good(s).

If you didn't provide a written confirmation to the consumer confirming the existence and terms of the contract (including right of cancellation, product characteristics, price of goods, delivery costs etc.) as well as name and address of 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 the summary of the Distance Selling Regulations published by the National Consumer Agency (NCA).

Where do the Distance Selling Regulations apply?
The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet, including:

Buy It Now listings on eBay.ie
Second Chance Offers on eBay.ie

The Distance Selling Regulations do not apply to eBay auction format listings on eBay.ie, and do not apply to all types of items.

Do I have to refund a buyer if the item is faulty or damaged?
The answer to this question relates to the Sale of Goods Acts 1893 and 1980 (as amended). The Sales of Goods Acts provide that items sold by eBay by business sellers to non-business consumers must be:

of ‘merchantable quality’;
‘as described’; and
‘fit for purpose’.

If an item you sell doesn't conform to these criteria, the buyer has the right to request money back within a "reasonable time". What is considered a "reasonable time" varies from item to item. For example, a pair of skis is unlikely to be used straight away, so a "reasonable time" is likely to be longer than for an item normally used on a daily basis. Other factors may also affect what is defined as a "reasonable time" for specific items.

The EC (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 give consumers a right to a repair or replacement where goods turn out to be faulty.

The Liability for Defective Products Act 1991 (the "1991 Act") gives consumers the right to sue the producer, importer or own-brander of a defective product for damages in respect of death, injury or damage to property caused wholly or partly by the product regardless of whether or not the producer was negligent in causing the damage. Please be aware that you will also be liable if you fail to identify the producer when asked to do so by the person suffering damage.

For a more detailed description of consumers' statutory rights, see Your rights when buying online on the NCA website. We recommend you access professional advice on your minimum legal obligations, then create a returns policy around those minimum obligations that provides a level of customer service you feel your business should provide.

Do I have to replace or refund an item that gets lost or damaged in the post?
When a business sells an item to a consumer, the default position is that any loss or damage to the item that occurs in transit is the responsibility of the business. This means that you are likely to be required to replace items lost or damaged in the post.

Most eBay business sellers choose to replace lost and damaged items as a matter of course, using insured postage services where cost effective. However, if you'd like to know the precise legal position on loss and damage in transit as it relates to your business, we recommend you seek advice from a lawyer or similar professional.

Do I have to provide a warranty?
You don't legally have to provide a warranty, but if you choose to offer one voluntarily it will be legally binding. You may find that providing a warranty helps a buyer to choose to buy from you rather than another seller. Remember that even if a warranty has expired, you may still have obligations under the Sale of Goods Acts and related legislation.

What if I provide a service?
Consumers are also protected in relation to their purchase of services. The most important law covering the supply of services is the Sale of Goods and Supply of Services Act 1980 (as amended).

When it comes to the supply of services, tradesmen and professionals are required to carry out that service with reasonable care and skill and within a reasonable time. Similarly, if not explicitly agreed between the parties, the law will imply that any goods and materials supplied must be of merchantable quality and at a reasonable cost.

For information on the supply of services legislation, we recommend that you read Your Rights and Services on the NCA website.

Further information about consumers' legal rights
In addition if you are a business selling to consumers you should be aware of consumers' legal rights on the NCA website.