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Buyer says item not `as described`
elaine373
Posts: 1,427 Forumite
I sold an item a few days ago and posted it immediately.The buyer has complained and said he wasnt happy with it and that it wasnt `As described`..He insisted i arrange a courier to pick it up but i said wasnt prepared to do this. I offered him a full refund inc original postage,once i had received the item back.He has now made a paypal claim stating the item is damaged, which he hadnt mentioned before.What i would like to know is, if i cant prove the item was `as described` will they assume the buyer is the wronged party? I do not know how to prove it was `as described`.
“Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.
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what was the item ?0
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If buyer has opened a "item not described" dispute with paypal he will have to return it to you at his own expense in order to get a refund, if he has any sense a trackable method will be used.0
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I said I would be happy to refund if he returned the item but he said due to some EU law, items bought with ` buy it now`, i was the one expected to arrange collection.GregtheHammer wrote: »If buyer has opened a "item not described" dispute with paypal he will have to return it to you at his own expense in order to get a refund, if he has any sense a trackable method will be used.
“Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.0 -
I am sure one the Ebay experts on here will know for def but i am sure Paypal will insist on the buyer returning item at his own cost before they refund him. If he opens a claim they will hold the money in your paypal account until you say you have received item back or he shows them with a trackable service that he has returned to you and you have received it back. Not sure about any EU law tho Member of Thrifty Gifty ~ Making money for Christmas 2010:£2 Savers club member no 40 ~ £54Amazon Vouchers BingoPort ~ £10Dooyoo Challenge Jan ~ £24.07 / £20.00 Yippee over target :j0
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buyer has to send it back out of his own pocket via trackable means
then gets refund of the amount paid to you - not return postage
whats the EU law then???Sealed pot challenger # 10
1v100 £15/3000 -
All I can think of is under buy it now regulations a buyer can change their mind for up to 7 maybe 14 days like a cooling off period.
Seems like he is trying another tactic.
Now the dispute is open the ball is in his court until he gets signed proof that you have the item back.0 -
Distance Selling Regulations only apply to Business Sellers using the Buy It Now option. This gives consumers 7 days to change their mind and return the item, but at their own cost if it is stated in the sellers description or general T&C's.
If the item is faulty or damaged, then although there is no legal obligation to refund the return postage, it is generally accepted to be the done thing.
As the buyer has opened up a paypal dispute, it will now be up to them to return the item to you, with proof of tracking, in order for paypal to issue them a full refund of what they originally paid. paypal will not refund the cost of returning it to the seller.<--- Nothing to see here - move along --->0 -
If you're a business seller they can push you to have it collected and if it went to court they'd win (they'd be fairly stupid to take you to court though!).I said I would be happy to refund if he returned the item but he said due to some EU law, items bought with ` buy it now`, i was the one expected to arrange collection.
If you're a private seller then the buyer has less rights, apart from affecting your Ebay standing with reduced DSRs, negative feedback, item not as described disputes, etc..0 -
I am a private, occasional seller. After escalating the complaint myself, paypal have decided he has to send back the item and then will take the money from my account.I offered him this in the first place.I will re-inspect the item once it comes and if has made a valid complaint i will refund him the return postage. I am not looking forward to his negative comment though.:(If you're a business seller they can push you to have it collected and if it went to court they'd win (they'd be fairly stupid to take you to court though!).
If you're a private seller then the buyer has less rights, apart from affecting your Ebay standing with reduced DSRs, negative feedback, item not as described disputes, etc.“Love yourself first and everything else falls into line. Your really have to love yourself to get anything done in this world.” Lucille Ball.0
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