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  • FIRST POST
    • mimi1234
    • By mimi1234 22nd May 17, 3:43 PM
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    mimi1234
    eBay Return
    • #1
    • 22nd May 17, 3:43 PM
    eBay Return 22nd May 17 at 3:43 PM
    Hi,


    * Sold 5 stop smoking kits consisting of a charger, tips and a cigarette in each one.
    * Buyer received the items, agreeing they were all sealed.
    * Opened one of the kits, used it and was not happy with it because it was supposedly used (even though it was sealed), said it only lasted half the time it was supposed to have lasted.
    * Opened all the other sets, using them all, saying they all lasted half the time they were supposed to have lasted.
    * Now wants a full refund.


    * I'm not a business seller and sold these because I no longer smoke.
    * Initially, the buyer said they just wanted a refund and would not return the items.
    * Has now opened a case and wants a full refund.


    How do I go about this? I ask for them back and then give them a full refund?


    I would have thought the buyer would have contacted me after the first or second one was opened instead of opening and using them all.


    Please can someone advise.
Page 1
    • ess0two
    • By ess0two 22nd May 17, 3:46 PM
    • 2,887 Posts
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    ess0two
    • #2
    • 22nd May 17, 3:46 PM
    • #2
    • 22nd May 17, 3:46 PM
    Using 1 kit is understandable,at this point perhaps a return is fair enough,but all 5,i'd be disputing a refund etc.
    Official MR B fan club,dont go............................
    • theonlywayisup
    • By theonlywayisup 22nd May 17, 5:19 PM
    • 10,597 Posts
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    theonlywayisup
    • #3
    • 22nd May 17, 5:19 PM
    • #3
    • 22nd May 17, 5:19 PM
    Hi,


    * Sold 5 stop smoking kits consisting of a charger, tips and a cigarette in each one.
    * Buyer received the items, agreeing they were all sealed.
    * Opened one of the kits, used it and was not happy with it because it was supposedly used (even though it was sealed), said it only lasted half the time it was supposed to have lasted.
    * Opened all the other sets, using them all, saying they all lasted half the time they were supposed to have lasted.
    * Now wants a full refund.


    * I'm not a business seller and sold these because I no longer smoke.
    * Initially, the buyer said they just wanted a refund and would not return the items.
    * Has now opened a case and wants a full refund.


    How do I go about this? I ask for them back and then give them a full refund?


    I would have thought the buyer would have contacted me after the first or second one was opened instead of opening and using them all.


    Please can someone advise.
    Originally posted by mimi1234
    What has he said in the case? Has he said he has USED them. If so, you might want to dispute the fact he cannot return them in the state they were delivered. If he has said they are faulty, then that's another matter.

    As an aside, are these e-cigs/vapes. I thought they were banned on eBay?
    • mimi1234
    • By mimi1234 22nd May 17, 5:19 PM
    • 7,346 Posts
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    mimi1234
    • #4
    • 22nd May 17, 5:19 PM
    • #4
    • 22nd May 17, 5:19 PM
    That's what I thought. One faulty okay. Two faulty would ring alarm bells and I would contact the seller.

    Using all five saying all faulty but now completely used up is taking the Michael.

    I'll see what eBay says.
    • mimi1234
    • By mimi1234 22nd May 17, 5:21 PM
    • 7,346 Posts
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    mimi1234
    • #5
    • 22nd May 17, 5:21 PM
    • #5
    • 22nd May 17, 5:21 PM
    What has he said in the case? Has he said he has USED them. If so, you might want to dispute the fact he cannot return them in the state they were delivered. If he has said they are faulty, then that's another matter.

    As an aside, are these e-cigs/vapes. I thought they were banned on eBay?
    Originally posted by theonlywayisup
    Buyer stated I can return but all are used and empty now.

    It's the e-cig kits.

    They may have been banned at one point but not anymore. Kits. Sticks. Liquids. It's all on now.
    • theonlywayisup
    • By theonlywayisup 22nd May 17, 5:30 PM
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    theonlywayisup
    • #6
    • 22nd May 17, 5:30 PM
    • #6
    • 22nd May 17, 5:30 PM
    Buyer stated I can return but all are used and empty now.

    It's the e-cig kits.

    They may have been banned at one point but not anymore. Kits. Sticks. Liquids. It's all on now.
    Originally posted by mimi1234
    I would ring CS and highlight the fact he is saying they are all USED rather than FAULTY. It's a point that CS need to be perfectly understanding of.

    If your dashboard can take it (defects) then ring, update the return case to explain you have spoken to CS and the items are not faulty but have been used and therefore cannot be returned in the same state. If you can link to the policy on returns for being in the same state that will help.

    My e-cig knowledge is none existent hence me asking if they were banned!

    Edit to add - I have checked and you must be authorised to sell e-cigs. Are you qualified? If not, you may find yourself in hot water with the case.

    You can't sell cigarettes, cigars or smokeless tobacco on eBay. You are allowed to sell collectible tobacco packaging and some tobacco-related items as long as you meet certain conditions. Only qualified sellers can list e-cigarettes, e-shishas and related accessories.
    http://pages.ebay.co.uk/help/policies/tobacco.html

    http://programme.ebay.co.uk/new_categories
    Last edited by theonlywayisup; 22-05-2017 at 5:36 PM.
    • mimi1234
    • By mimi1234 23rd May 17, 11:56 AM
    • 7,346 Posts
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    mimi1234
    • #7
    • 23rd May 17, 11:56 AM
    • #7
    • 23rd May 17, 11:56 AM
    Hi. No, they said I can sell them, so I must be qualified.


    The buyer initially opened up an item not received case, which has been closed down.


    Now they have opened up a "return request". It confirms that all 5 kits were opened and used.


    I'm unsure what to do now. I've messaged her back and may contact eBay later on.


    Like you guys have said, if one or two had been opened and used, and the buyer contacted me, I would be happy for a refund to be given. But saying all 5 have been used and are now empty is a bit shady.
    • theonlywayisup
    • By theonlywayisup 23rd May 17, 2:34 PM
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    theonlywayisup
    • #8
    • 23rd May 17, 2:34 PM
    • #8
    • 23rd May 17, 2:34 PM
    What is the reason for the case (it will state the reason - faulty, damaged etc). Does it say seller or buyer to pay returns?
    • soolin
    • By soolin 23rd May 17, 3:10 PM
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    soolin
    • #9
    • 23rd May 17, 3:10 PM
    • #9
    • 23rd May 17, 3:10 PM
    Hi. No, they said I can sell them, so I must be qualified.



    .
    Originally posted by mimi1234
    When did they tell you this and do you have any confirmation of this?
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I'm a volunteer to help the boards run smoothly, and I can move posts there. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • mimi1234
    • By mimi1234 23rd May 17, 9:05 PM
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    mimi1234
    What is the reason for the case (it will state the reason - faulty, damaged etc). Does it say seller or buyer to pay returns?
    Originally posted by theonlywayisup
    Item is faulty or defective is the reason and it says I have to pay for the return.

    So do I just agree for her to return it and then refund her? I think that's mighty unfair. I might have start buying off eBay and using this scam then.

    Buy stuff, use everything up, claim it did not work properly, send back and get a full cash refund.

    SOOLIN - I have the chat transcript and it says you can sell. I tried selling another stop smoking item years back but they ended the listing.
    • Tealblue
    • By Tealblue 23rd May 17, 9:21 PM
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    Tealblue
    Have you followed the suggestion that you ring CS?
    • theonlywayisup
    • By theonlywayisup 23rd May 17, 9:23 PM
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    theonlywayisup
    Item is faulty or defective is the reason and it says I have to pay for the return.

    So do I just agree for her to return it and then refund her? I think that's mighty unfair. I might have start buying off eBay and using this scam then.

    Buy stuff, use everything up, claim it did not work properly, send back and get a full cash refund.

    SOOLIN - I have the chat transcript and it says you can sell. I tried selling another stop smoking item years back but they ended the listing.
    Originally posted by mimi1234
    I was going to say fight the case, but as you say you have a transcript from Livechat giving you authority to sell, I will say you aren't a qualified seller.

    To be qualified, you need to apply and be accepted.

    Have you applied and were you accepted?
    • mimi1234
    • By mimi1234 25th May 17, 4:17 PM
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    mimi1234
    When I first started on eBay many years ago, after I had sold some items it asked me to upgrade my account.

    I've spoken to eBay customer service. They said I am qualified.

    They also said they will be refunding the buyer whether or not I accept the return. The money will be coming out of my account. I explained numerous time that all the items were used up and empty and the person on the phone kept saying the same thing that they would refund the buyer out of my account whatever I do. I said it was fraudulent and he went quiet.

    So does this mean eBay agree to buyers buying things, using them, opening a case as defective and getting a full refund? Right time to start buying expensive skincare and such like!!!

    I wonder if I could do that in a supermarket too. The pizza, booze, wine didn't last as long as it should have the. Here is the empty any, bottle, wrapper and give me a full refund!!!
    • soolin
    • By soolin 25th May 17, 4:34 PM
    • 58,873 Posts
    • 41,709 Thanks
    soolin
    When I first started on eBay many years ago, after I had sold some items it asked me to upgrade my account.

    I've spoken to eBay customer service. They said I am qualified.

    They also said they will be refunding the buyer whether or not I accept the return. The money will be coming out of my account. I explained numerous time that all the items were used up and empty and the person on the phone kept saying the same thing that they would refund the buyer out of my account whatever I do. I said it was fraudulent and he went quiet.

    So does this mean eBay agree to buyers buying things, using them, opening a case as defective and getting a full refund? Right time to start buying expensive skincare and such like!!!

    I wonder if I could do that in a supermarket too. The pizza, booze, wine didn't last as long as it should have the. Here is the empty any, bottle, wrapper and give me a full refund!!!
    Originally posted by mimi1234

    Firstly don't get muddled by 'upgraded accounts'. there are no upgraded accounts on ebay, only business or personal and even having 'upgraded' to a business doesn't mean that you are allowed to sell on the exceptions list.

    Also, as has been said there are a few categories now where only certain sellers are allowed, but to be approved you fill out documentation , fax or scan forms across (usually invoices and business details) and then ebay allow you to sell- they do not confirm over live chat.

    However, as ebay are not picking up on this it is very likely that CS reps don't realise, so as long as you don't rock the boat it will probably be OK.

    Whilst ebay do usually find for buyers in SNAD claims, there have been instances recently where sellers have won the case because buyer has made specific statements in ebay messages which suggest that item was misused. If they are claiming these were all empty then whilst they might be lying, you can't prove it and although you would lose on ebay you could still consider small claims. If however they have made any statements that conflict with their SNAD claim, then another chat to ebay might prove useful.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I'm a volunteer to help the boards run smoothly, and I can move posts there. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • mimi1234
    • By mimi1234 25th May 17, 9:23 PM
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    mimi1234
    I sent the buyer an email asking why she had used them all and not contacted me after one was working, or maybe after two did not work.

    She replied back and said "I knew you would not be able to resell them so I don't understand why you want them back," and "Why do I have to contact you after one was not working?", and "Just send me a full refund now".
    • theonlywayisup
    • By theonlywayisup 27th May 17, 6:38 PM
    • 10,597 Posts
    • 7,114 Thanks
    theonlywayisup
    When I first started on eBay many years ago, after I had sold some items it asked me to upgrade my account.

    I've spoken to eBay customer service. They said I am qualified.

    They also said they will be refunding the buyer whether or not I accept the return. The money will be coming out of my account. I explained numerous time that all the items were used up and empty and the person on the phone kept saying the same thing that they would refund the buyer out of my account whatever I do. I said it was fraudulent and he went quiet.

    So does this mean eBay agree to buyers buying things, using them, opening a case as defective and getting a full refund? Right time to start buying expensive skincare and such like!!!

    I wonder if I could do that in a supermarket too. The pizza, booze, wine didn't last as long as it should have the. Here is the empty any, bottle, wrapper and give me a full refund!!!
    Originally posted by mimi1234
    As above. You need to apply to sell restricted items. Unless you are a qualified seller you are breaching their policy T&C.

    If you weren't able to sell them, then the Ebay seller protection is non existent for you.
    • mimi1234
    • By mimi1234 10th Jun 17, 4:36 PM
    • 7,346 Posts
    • 64,941 Thanks
    mimi1234
    As above. You need to apply to sell restricted items. Unless you are a qualified seller you are breaching their policy T&C.

    If you weren't able to sell them, then the Ebay seller protection is non existent for you.
    Originally posted by theonlywayisup
    Hi,

    I am a qualified seller. I've had it confirmed by their CS.

    She won the case and was told by eBay to return the items to me. She kept to her word and a week later, she hasn't sent them back so the case is now closed and I kept the money.

    What a farce though.

    Thanks for all your help folks.
    Last edited by mimi1234; 10-06-2017 at 4:39 PM.
    • theonlywayisup
    • By theonlywayisup 10th Jun 17, 5:51 PM
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    theonlywayisup
    Odd that she won the case and failed to return, especially as you would have been required to pay the postage. What did she have to lose? Nothing? Well done on keeping the funds.
    • angryparcel
    • By angryparcel 10th Jun 17, 5:54 PM
    • 910 Posts
    • 516 Thanks
    angryparcel
    Buyer stated I can return but all are used and empty now.

    It's the e-cig kits.

    They may have been banned at one point but not anymore. Kits. Sticks. Liquids. It's all on now.
    Originally posted by mimi1234
    you need to read their rules, so yes they are banned unless you are permitted to sell them

    https://pages.ebay.co.uk/help/policies/tobacco.html

    Only permitted sellers can list e-cigarettes, e-shishas and related accessories. To become a permitted seller, please, submit your request http://programme.ebay.co.uk/new_categories.
    • Tealblue
    • By Tealblue 10th Jun 17, 5:59 PM
    • 586 Posts
    • 970 Thanks
    Tealblue
    Even though the ebay case hasn't resulted in a refund for her because she didn't return the items, can she still appeal to Paypal?
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