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  • FIRST POST
    • smsh
    • By smsh 5th Feb 18, 2:54 PM
    • 1Posts
    • 0Thanks
    smsh
    Not as described after reporting that item is fine
    • #1
    • 5th Feb 18, 2:54 PM
    Not as described after reporting that item is fine 5th Feb 18 at 2:54 PM
    Hi.
    Got an “item not as described” today. The item is a quite expensive thing (Apple Watch stainless steel) which was in my own use and worked flawlessly, I only listed it because of upgrade to a next generation one. The buyer claims that the watch was working for a week, and then stopped working properly (claims that it drains battery and force touch stopped working as well). Also the buyer says that they took the watch to an Apple Genius Bar which “deemed the watch unrepairable and asked them to pay a flat rate fee to have it replaced”. Attached Apple Genius Bar work authorisation scan says that no hardware issues were found, but acknowledging that force touch is not working properly, after restore/reinstall.

    The watch was listed as “no returns” and I’m a private seller (I know it means nothing for a legitimate “not as described” case though). It seems to me that the buyer thinks that I should provide some kind of warranty for clearly listed as used and out-of-warranty item and they can pursue it with “not as described” case.
    But here the buyer contradicts themselves saying that it was working for a week (meaning it actually was received as described, am I right?) and then started displaying problems (again, I have no idea how it was used/abused/misused). I even got a positive feedback from the buyer saying "great watch".

    The question - do I have a chance proving this to eBay, knowing how they trump sellers all the time? I mean should I play a roulette with them trying to prove it was a legitimate sale of the perfectly working watch? Or should I just accept the return, risking of getting a shattered/bricked/not-my quite expensive Watch (because anyway a dispute with eBay will end in this)?

    Have anyone had similar experience?
    Please help.
Page 1
    • 19lottie82
    • By 19lottie82 5th Feb 18, 4:18 PM
    • 5,748 Posts
    • 8,672 Thanks
    19lottie82
    • #2
    • 5th Feb 18, 4:18 PM
    • #2
    • 5th Feb 18, 4:18 PM
    Hi OP, as I understand it, yes you!!!8217;re correct, if an item works when received but breaks further down the line, it cannot officially be returned under the reason !!!8220;not as described!!!8221;. The 30 day period in which buyers can request a return for this reason does not equate to a 30 day guarantee.

    However, as I!!!8217;m sure you aware ebay generally tend to side with the seller in these cases.

    If I were you I would refuse the return and phone ebay to remind them that you have evidence which proves the watch was working when received, so it does not fall under their !!!8220;not as described!!!8221; description. Making sure you speak to someone (in the UK) is crucial here.

    If they still decide in the buyers favour then appeal.

    There is no guarantee that you will win, of course. And others may advise you to accept the return, but I wouldn!!!8217;t (this is only my personal opinion, however).
    • soolin
    • By soolin 5th Feb 18, 4:51 PM
    • 59,889 Posts
    • 42,518 Thanks
    soolin
    • #3
    • 5th Feb 18, 4:51 PM
    • #3
    • 5th Feb 18, 4:51 PM
    Whilst the ebay guarantee is actually a guarantee you are still likely to lose a claim for SNAD as it showed a fault quite quickly after arrival.

    Obviously it is your choice whether you choose to fight the SNAD or not, but if you do and you lose then buyer will be refunded automatically and you will have to start trying to get your watch back- you also lose your FVfs. If you accept the claim then ebay will arrange for you to issue a returns label(at your cost) and you will only need to refund once item shows as delivered back to you.
    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 volunteer to help get your forum questions answered and keep the forum running smoothly. 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
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    • 19lottie82
    • By 19lottie82 5th Feb 18, 4:56 PM
    • 5,748 Posts
    • 8,672 Thanks
    19lottie82
    • #4
    • 5th Feb 18, 4:56 PM
    • #4
    • 5th Feb 18, 4:56 PM
    The couple of times in the last five years I have fought a case and lost, the buyer hasn!!!8217;t been refunded automatically? They!!!8217;ve been issued with a return label to return the item and I!!!8217;ve refunded when I!!!8217;ve received it back.
    • soolin
    • By soolin 5th Feb 18, 5:27 PM
    • 59,889 Posts
    • 42,518 Thanks
    soolin
    • #5
    • 5th Feb 18, 5:27 PM
    • #5
    • 5th Feb 18, 5:27 PM
    The couple of times in the last five years I have fought a case and lost, the buyer hasn!!!8217;t been refunded automatically? They!!!8217;ve been issued with a return label to return the item and I!!!8217;ve refunded when I!!!8217;ve received it back.
    Originally posted by 19lottie82
    It might have changed as now it gets escalated and if ebay automatically find for the buyer then they get the refund on escalation. If seller loses they also get a defect and lose their FVfs don't forget.

    The dispute process changed about 2 years ago and it's now basically a gamble with sellers having to decide whether to refund or accept a return and get their FVFs back, or potentially get a defect. Under the previous system sellers got a defect just for the case being opened, which is no longer the case.
    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 volunteer to help get your forum questions answered and keep the forum running smoothly. 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
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