Item sold on Ebay - Help

Suggestions_Please

Hello - I haven't posted on this forum before, so I don't know if I'm on the right thread, but would greatly appreciate some advice please.

I sold an item on ebay that went through the normal bidding process. The item was brand new (a Tria Laser Hair Remover) in as much as it had never been used, but it was about 2 years old. When I first had it, I switched it on, charged it up but didn't actually use it - its been in its bag and box ever since. The buyer paid through paypal and the sale was finalised on the 1st June. Today, i've had an email saying that the item doesn't work and the buyer wants a refund. Before I sent it I tested that it still switched on and the relevant charging 'bars/lights' worked, and I am genuinely satisfied that it wasn't faulty.

Do I have any rights on this or am i obliged to refund, even though the buyer has had it for over a month and not complained until today.

Any advice much appreciated. Thank you

unholyangel

Are you a trader or private seller?

And also, did you accurately describe the product and did not post any misleading info in the listing?

xocbc

As a private seller, and assuming you had stated that you don't accept any returns, basically the buyer has no rights against you whatsoever, it is effectively sold as seen.

However, they can open a case with eBay/Paypal and if eBay/PayPal find in their favour, the buyer will be refunded and eBay/PayPal will come after you for the money. If eBay/PayPal find in your favour, the only option the buyer has is legal action which probably won't be worth it.

On top of that, you will probably get negative feedback which may well damage you chances of future sales.

Did you send it via a postal service with some sort of insurance (which really is essential for anything remotely of value on eBay) - if so you might be able to claim from the insurance, refund the buyer and you're not out of pocket.

So you have to balance it up - do you try to sort it out amicably with the seller, refund and protect your feedback, or stick to your guns and risk action by eBay/PayPal.

It really depends on the value of the item I guess.

One thing however, I wouldn't be refunding until I got the item back, else you will never know if it actually does work and you've been scammed.

Suggestions_Please

Thank you for your prompt replies.

I'm a private seller with 100% feedback. I did give an accurate description with no misleading information.

I did sent it by special next day delivery but haven't got the receipts anymore although I will have a note of the reference number because I emailed the buyer at the time to let her know it had been sent.

I am prepared to stand my ground with this as I am absolutely satisfied that the item was in working order when it left here. How do I know that they haven't dropped it or something? And is there any deadlines on complaining about an item after a month?

unholyangel

http://whatconsumer.co.uk/online-auction-sites/

Basically as it was in normal auction format (and not buy it now for example) and you are a private seller, as long as it was accurately described and you did not purposely midlead them, they have no legal redress.

Barneysmom

I think you should have the buyer return the item, and you should refund them. If they open a dispute they'll win anyway.

Suggestions_Please

Thank you for the link Unholy Angel, but is Barneysmom right about the seller would win the dispute? The seller has given positive feedback so what if she's trying to pull a fast one on me?

Suggestions_Please

Also, if a dispute is opened and ebay refund the buyer through paypal, can the take the money out of my account or do they take me to court and the dispute is then between me and ebay?

unholyangel

paypal/ebay dont always find in favour of the buyer but i believe in the majority of cases they do.

However they can only open a claim with ebay/paypal if it is withing 45 days of transaction i believe (not used ebay much myself - dont trust it!)

unholyangel

Suggestions_Please wrote: »

Also, if a dispute is opened and ebay refund the buyer through paypal, can the take the money out of my account or do they take me to court and the dispute is then between me and ebay?

And as far as i know they take it from your account. I'm sure its mentioned in their T&C's

cyberbob

Just offer them a full refund on return of the item. If they open a dispute they will win and they will have to do that anyway. Once they have returned it and it shows such as they need to send tracked. Paypal will automatically refund. If you have no money in your account you will get into a negative balance if you don't repay this you will be unable to use paypal and therefore ebay. Paypal will hand the debt onto debt collectors.

You can argue the point all you want but you will lose in the end anyway, They have 45 days to open the dispute.