Bargain Time

Your rights: business and private sellers

On eBay you could be buying from a shop or from someone clearing out their loft. The law treats those two very differently, so it's worth knowing which one you're dealing with before you buy.

Checked against the sources below on .

Check who the seller is

eBay shows whether a seller is registered as private or business. On the website you'll see Private or Business next to the seller's username. In the app, look under "About the seller" for "Registered as a private seller" or "Registered as a business seller".

The label is what the seller told eBay. If a "private" seller has lots of the same new item for sale, ask yourself whether they're really a business, and buy as if you have only the rights of a private sale.

Buying from a business seller

Businesses selling to you must follow consumer law. In short:

  • Goods must be of satisfactory quality, fit for purpose and as described. This applies to second-hand goods too. It doesn't cover wear and tear, accidental damage, or a fault you knew about before you bought.
  • Faulty, not as described or doesn't work: the seller must offer a refund. Up to 6 months after you got it, the seller must repair or replace a faulty item unless they can show it wasn't faulty when you bought it.
  • You can change your mind. For most things you buy online without seeing them first, you have a 14-day cooling-off period. It starts the day after the item arrives. Tell the seller within those 14 days, then you have another 14 days to send it back. The seller must refund you within 14 days of getting it back.

The cooling-off period doesn't apply to everything. Exceptions include:

  • items made to order or personalised for you
  • things that go off quickly, such as food or flowers
  • CDs, DVDs and software once you've broken the seal
  • items with a hygiene seal you've broken, such as earrings

Buying from a private seller

Citizens Advice describes private sales as "buyer beware". You have fewer rights than when you buy from a business:

  • The item must match the seller's description. That's the main legal rule, under the Sale of Goods Act 1979. A private seller can't describe an item falsely, but they don't have to point out faults they haven't mentioned.
  • There's no cooling-off period. You can't cancel just because you changed your mind, and the seller doesn't have to tell you that.

That's why the wording of a private listing matters so much. "Fully working, no faults" gives you something to rely on if it turns out to be broken. "Untested" or "sold as seen" gives you very little. If something important isn't in the description, ask the seller in eBay messages before you buy, so their answer is in writing.

Buying from a UK private seller also includes eBay's Buyer Protection fee in the price. The paying safely guide explains how it's worked out.

Where eBay's Money Back Guarantee comes in

Whatever kind of seller it is, if you paid through eBay checkout the Money Back Guarantee covers items that don't arrive, arrive faulty or damaged, or don't match the listing. It applies even when the listing says "no returns", and the seller pays return postage for an item that isn't as described.

In practice this is usually the quickest way to sort out a problem, whatever your legal rights are. Report it within 30 days: from the estimated delivery date if it hasn't arrived, or from delivery if it's not right. The paying safely guide has the full time limits.

Fakes and stolen goods

If an item turns out to be counterfeit, you have a right to a refund even if the seller says the low price made it obvious. See checking sellers and spotting fakes.

If you think you've bought something stolen, Citizens Advice says you shouldn't get into trouble if you didn't know when you bought it. Report it to the police on 101 rather than keeping it or giving it back to the seller yourself, and ask the seller for a refund.

Getting help

Citizens Advice runs a consumer service that can explain your rights and help you complain. Its website has separate advice for England, Scotland, Wales and Northern Ireland, so check the version for where you live.

Common questions

Can I return an eBay item because I changed my mind?

From a business seller, usually yes: you have 14 days from delivery to say you want to cancel, then another 14 days to send it back. From a private seller there is no legal cooling-off period, so it depends on whether their listing offers returns.

How do I know if an eBay seller is a business?

On the eBay website, "Private" or "Business" appears next to the seller's username. In the eBay app, look under "About the seller" for "Registered as a private seller" or "Registered as a business seller".

What can I do if a private seller's item is faulty?

It depends on the description. A private seller can't misdescribe an item, but doesn't have to mention faults. If the listing said it worked and it doesn't, it isn't as described: ask for a return through eBay's Money Back Guarantee within 30 days of delivery.

Does "no returns" mean I can't get my money back?

No. "No returns" only covers changing your mind. eBay's Money Back Guarantee still lets you return an item that isn't as described, and the seller pays the return postage.

Sources

Rules and fees change. If anything here differs from these pages, the pages are right.

BargainTime is an independent search site and not part of eBay. This is general guidance, not legal advice. For help with a particular problem, contact Citizens Advice.