Do I have to Refund?

talksoccer

Hi all,

I got a buyer who says the item does not work on his dvd player, when i stated in the other auction it works on that region and also i have tested on my dvd player that it works?

Is there any rule on ebay for refunds and will i get chased by the ebay cops if he processes it further as its not my fault, i have stated the information and he just hasnt bothered to read it.

JPS

Hi

You could ask him what DVD player he has and what region it is? Also, if he wants a refund you have every right to expect the DVD be returned to you (in the same condition as you sold it in) before you refund.

Is the DVD a certain region or region free?

Josh

talksoccer

But i cant afford to refund due to my suppliers. All items i sent off are tested and despatched. They are sealed too and in fully working order.

They are region 1 but i stated in my auctions.

Hintza

You will probably get a negative.

So answer it calmly and logically.

It will probably do you no harm as it will be an additional highlight for dozy buyers assuming its no a faulty DVD.

If he says its faulty refund.....

If its because his machine does not support region ! then its tough on him.

You could suggest he unlocks his machine ask him for make and model find the code and e-mail it to him.

(And add a charge ....lol)

soolin

You can of course refuse to refund, ebay cannot *make* you accept returns. If he paid by paypal and you haven't got proof of delivery he could be sneaky and do a chargeback with the reason that he didn't receive item, he cannot make a legitimate claim on paypal as they only care about non delivery, they don't get involved once something has been received. However if he tries that you have the email from him saying it wont play which would rather suggest he has received the item!

Whatever you do he can leave you a neg, but if he does that respond to it in a calm and rational manner.

Soo

robnye

If he says its faulty refund.....

If its because his machine does not support region ! then its tough on him.

i agree if you stated it was region 1, then tough of the buyer

talksoccer

Thanks guys

Now to email em ;D

talksoccer

Just got this message from the !!!!!!,

Failure to comply will result in several possibilites of action.
Firstly I intend to contact the police and report you for theft.
I will also contact and report you to Ebay.
If necessary I will issue a County Court Summons for the required amount.
I strongly advise you to take notice as this is not an idle threat.
You have blatantly conned me, it is crooks like you that give Ebay a bad name.
I look forward to your reply, or I will see you in Court (unless the Police deal with it first).

yours with contempt


Does anyone how far he can take this?

scheming_gypsy

about <--> that far.

If it goes to court like he's threatening then they'll need evidence.
1) The DVD
2) His DVD player
3) The Ebay ad

If the DVD is region 1 and the advert states it's region 1 and his DVD player will play region 1 and it doesn't work then you probably will need to refund.


If the DVD is region 1 and the advert states it's region 1 and his DVD player won't play region 1 then it's his fault for buying something without checking.

Personally, all my auctions have a message stating that 'as i'm a private seller i can not offer a returns policy' to cover myself.

Hintza

Talksoccer you have not been very clear on here!!

What IS his complaint?

Faulty DVD?

or

His player does not play region 1?

You must get this sorted out, unless you checked it, it night be a duff DVD are you sure of its authenticity?

Can you post a link to your advert?

soolin

Personally I would ignore him. Does he really think it is worth his time going to court for a lousy DVD?

The small claims court system requires him to log an amount with the court, I believe it is £30. Then assuming the courts didn't fall over laughing at him he has to prove that you sold him a faulty disc and since he has started ranting about theft and scamming he would have to prove you did that maliciously. His is the burden of proof, if you sent an item out in good faith and as described in the auction (a working region 1 DVD) then he has no case. It is immaterial whether or not it will play on his machine, his only argument would be that it was not as described.

You are inoccent until proved guilty, and he would have to prove your 'guilt' and intent before he could win. People misunderstand the powers of the courts and he is probably working on the basis that his letter would frighten you into sending him a refund. On another htread on here I suggested someone do the same, send an official looking letter to a seller (but for a much larger amount) even knowing that it wouldn't get to the small claims, but just trying it on.

Also, the tome of his letter I think is in his favour, he is coming across as a bit flaky.

However, since you are trading on ebay you might want to re consider your refund policy. I know several sellers suggest that in the first instance the damaged item is sent back for checking and if the item is found to be faulty it is replaced. If the item is found to be in order then the refund is made less a re stocking fee..usually around 25% of the selling fee. A negative on your account for selling a faulty DVD for which you would not refund (don't forget he can write what he wants) may hurt your sales for a little while but only while that negative is near the top of the feedback list. Lastly how happy are you that your supplier has supplied the correct DVD and not a pirate or hacked copy? If they have supplied the wrong DVD you are liable for that as you sold it on ebay.

Soo