Buyer says not as described, what to do

1jim

Buyer has now opened a dispute through ebay, dispute reads

"Problem: The item is not as described
The buyer has tried contacting you
The buyer paid on 06 May, 2010
The buyer contacted you through email.
You responded to the buyer with: "disagreed"
More comments: "I collected the item from the seller, it was on the driveway in pieces, we quickly checked all pieces were there and then put it in the car (it is a large and heavy item) meanwhile the seller went inside. When we got home it was raining and so we put the house in our lounge where we got the chance to actually set it up. as the house was being put up in the light i immediately noticed how dirty it was and that is had a lot of scratches downt he sides. when fully erected the the house looked VERY dirty, it also has scratches all over it and the walls are bowing in places (it is made of plastic), the house looks like it has not be regularly cleaned (if at all). i was disappointed because the seller had clearly stated the item was in great condition and was lovely, bright and clean and all dirt had gone which clearly is not true. i paid £65 for this item and had i known the condition i would not have paid more than £50, i took pictures of the house and contacted the seller to try and resolve. i got a reply the next day whereby the seller said that if i was unhappy i should have said so when i collected and as such he will not do anything and he hasn't attempted to resolve since. i feel this is totally unfair as until the house was properly set up we could not possibly have checked the condition properly nor carefully. the house is clearly not in great and clean condition and as such the seller has incorrectly described it. my partner has spent 2 hours scrubbing and sanding the house today (i also have pictures of it now) in order to get it into a presentable and useable condition for our young son. i am disapponted that the seller was unwilling to try and resolve but feel the description was not as described and so i habe evry right to complain. "
The item is damaged


Additional information:
"item is VERY dirty and has srcatches all over it. walls are bowing from being stored outside (although this is to be expected). the description clearly states great conditon and that it has come up clean with NO dirt! i have photo's of item that prove condition and the sellers photo's on the auction listing also show the same condition (the seller claimed later on in the listing that itme had been cleaned and the dirt had all gone but my pictres show this was untrue!)"

The buyer wants:
"partial refund"

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Any thoughts on how to respond and what are ebay likly to do, have never been through his before

emerald_starcat

Ok, on the photos in the listing can you see any dirt on the playhouse?
In your opinion do you feel the playhouse was dirty?
If you were the buyer and bought the playhouse for £65 would you have been pleased with it?

Respond with factual comments to the dispute, if damage was shown in the listing then state that. As the playhouse is an outside toy, a little dirt can be expected anyway.
As it was cash on collection, ebay should realise that the buyer had a chance to check it over before they handed the cash over.

1jim

The photos showed the dirt, I then powerwashed the playhouse abd it cleaned up really well, I wrote on the description that I had powerwashed it and the dirt had been removed. This was stored outside for about a week and a half until auction ended and the buyer collected so i guess it may have got a little dirty in this time but to be honest it cant have been that bad.
I would have been happy to pay £65 for it, as for scratches it is a used outside toy and I said that it would have the usual scuffs that you would expect, I guess my mistake was not taking new photos and putting them on ebay but I dismantled it to powerwash it properly. Oh well live and learn.

Now that she has opened a ebay dispute can they make me refund? I must admit I would rather make her return the item and refund the lot than give her a £15 discount and am quite tempted to do this now but quite honestly I would rather not see her again

emerald_starcat

Just been on the ebay help pages and found some examples that wouldn't be covered by a SNAD dispute:




Some examples of what wouldn't be covered:

• The defect in the item was correctly described by the seller.
  
• The item was accurately described but you didn't want it after you received it.
  
• The item was accurately described but didn't meet your expectations.
• The item has minor scratches and was listed as used.

So in the description you stated the item had minor dirt and was used.
In the dispute the buyer has put that the walls were bowing but put in brackets "although this can be expected", any point of them putting this in the dispute?
Did you really put in the description that 'all dirt was gone'? Is this correct?
The buyer states they took photos of the dirt on the playhouse - have they sent you these?
Sounds like the buyer has decided they don't want it and are using the dirt as an excuse to get their money back.

More info from ebay help page:

For SNAD claims, sellers may be protected from losing a claim if they provide clear documentation that the item was described properly. For example, claims may be resolved in the seller’s favour when the seller provides documentation that:

• the buyer complains that the item is used, not new, and the listing clearly describes the item as used, or
  

• a defect in the item was correctly described by the seller, or
  

• the item was properly described, but the buyer didn't want it after they received it, or
  

• the item was properly described but did not meet buyers' expectations, or
  

• the item has minor scratches and was listed as used condition.
  

1jim

She has not sent me any photos, I have requested these but have not had a reply
I wrote " I have just powerwahsed this item and it has cleaned up brilliantly, looks a lot brighter and all the dirt you can seen in the picture has now gone" and it had, as I say it may have got rain dirty over the week but nothing more than that

I really cant see why she would have paid for the item if she wasnt happy- surely if the playhouse is/was in the state she said it was then it would have been obvious at the point of collection, if it was as dirty as she said then it wouldnt suddenly appear when you put it together in the house. Is this something ebay would take into account? Whats to stop the buyer making the item dirty, taking photos and then cleaning it again, taking more photos?
I really should have taken photos after cleaning it but as it was in bits I didnt think it was that important. She also says in her complaint that her husband has spend 2hours scrubbing and sanding the item.....Im worried that this sanding may have caused scratches and that if they return it and it is scratched then it would be damaged?

lindseykim13

i just read her email replies before she opened the dispute and knew from her tone shes just trying to get it cheaper from you!
you could try calling her bluff and offer a full refund on return of the item but now as she says her partner has been sanding it down i would refuse as he could have dammaged it further.
i'd reply to the dispute that you'll offer a refund on return, they'd find it awkward returning it so i doubt very much they will take you up on it, they are just trying their luck with regards to getting money off.

This buyer is a total joke as anyone with outdoor kids toys knows that they get weathered very quickly and would expect that with a second hand one. She clearly bid too much and now wants money back. How exactly have they spent £15 cleaning it up. I'd always clean something i bought before letting the kids use it so she should have taken that into account when bidding.

emerald_starcat

In your reply to the dispute state that the buyer could have caused more damage by sanding it. States facts in your replies and keep calm, hopefully ebay will see that you are honest and the item was accurately described.
Even if the buyer wins the dispute they have to send the item back via a tracked method to get a refund. Wonder how much this will cost them?
Not sure what happens with partial refunds, think it is up to you to decide. Even if you do give a partial refund you still probably get negative feedback so not worth it.
Have you checked their 'feedback left for others' to see if they have a history of complaining?

pseudopensioner

I may be reading this wrong, but if the buyer paid cash upon collection, how does ebay become involved?

I appreciate that there may be a 'feedback' issue, but ebay cannot enforce a repayment for a cash on collection item, can they?

shellsuit

How, when they put it together, was it filthy, but they didn't notice it was filthy when they were putting the pieces together?

And if it's a playhouse, wouldn't it have to be taken down again to be taken outside in their garden ~ so what's the point in putting it together indoors?

They came, they saw, they liked, they paid.

That would be the end of the matter as far as I'm concerned.

Maybe respond and say that you would have been willing to offer a refund if they brought it back to you, but seeing as though they have made adjustments to it (sanding), then you cannot offer them anything.

jazabelle

They are so trying it on - like the kids are going to notice there are a couple of scuffs on it when they have a new play house!

I really think you should stand your ground, but what happens if eBay side with the buyer? Will the seller have to refund them? Surely they can't having got the payment in cash?