Am I in the wrong??

babyfruitella

Apologies in advance for the lenght of this message!

I sold this bear on eBay recently.



My description read:
TOY STORY 3

LOTS-O HUGGIN' BEAR

APPROX 12 INCH TALL

OFFICIAL DISNEY LICENSED PRODUCT

BRAND NEW WITH TAG

It sold for £34.40 which astounded me. Its just a stuffed toy after all.

Anyway, I posted it & the buyer messaged me when it arrived. She wasnt happy with it & felt i'd misled her. I asked why she felt she'd been misled & she said I'D overcharged (it was an auction!) as it was clearly used as it was unpackaged & smaller than i'd said & she wanted a full refund or would open an ebay dispute. I responded & told her that it WASNT used, didnt come in packaging (the label is on the ear) & I pointed her in the direction of another auction for the same bear that stated the same height as me & that she'd chose to bid the price she bid not me. I also said if she felt it necessary to open a dispute she should do so, as I was confident i'd listed accurately.

She then came back & said fair enough when she'd bid she did want the PROPER item not a second hand one that is dirty and has obviously been used. Apparently i'd really ley myself down with my greed, & I could have at least said it is a fluffy toy and not the real mccoy. Now, by real mccoy, I assume she means the all singing, all dancing Lotso that costs about £40 in stores (which incidentally I was also selling one of at the time).

Once again, I responded & said that I thought it was clear to see from the picture that the bear was clean & new & that she'd basically admitted she'd made a mistake & thought she'd ordered something else & was now trying to pin the blame on me & that I had listed the item as it was.

Anyways, she basically said I was a conman who'd knowingly mislead her, & we left it at that, with me thoroughly expecting a dispute to be opened.

Well, later that day, surprisingly she left me feedback. It was neutral. Surely if she thought I was in the wrong she'd have left negative?? I didnt leave her feedback as IMO, she wasnt deserving of a positive feedback & as thats all eBay allow, I decided against it.

This all happened on 26 November. However, this morning at 3am, I received an email from eBay telling me that this buyer had requested my personal information, & obviously they'd given it.

What can she possibly want this for??? And am I actually in the wrong here? I can't see what I did wrong!

warehouse

In my opinion you could have said quite clearly that this wasn't the lotso bear that's all singing all dancing. After all, it does say lotso bear and I'm sure the vast majority don't know the difference.

No, I don't think you misled but I do think it was clearly open to be misinterpreted, which it was. I would have to say to refund and relist.

babyfruitella

Its says Lotso bear because it IS Lotso Bear. It looks NOTHING like the other bear in terms of fur etc. If it had been the all singing, all dancing one I would have said so. My other listing for that particular bear says what it does. I've just never thought before to list what a toy DOESNT do..... For me, if I was bidding such amounts, i'd at least know what the item I wanted looked like.

floralaura

No you are not in the wrong, you described it as what it is! When you sell a item you dont add to the listing what the item is not or does not do. Like you said it is different to the interactive one, looks different and the fur is different and I think bidding fever got hold of this Woman and she got buyers remorse afterwards. I would not contact her now..just sit back. If she opens a dispute then stick up for yourself but unless she does that I would forget about it..x

Crowqueen

When you sell a item you dont add to the listing what the item is not or does not do.

You might if a buyer might get it mixed up with another version of the same thing or the item has accessories which normally come with it which are not included. Since the OP had the other edition of the same toy listed as well, they would have known the difference between the two, so should have made it clear what the bear was and was not.

For example I bought a computer game strategy guide a year or so ago. I assumed from the listing it was the full version, since it didn't specify otherwise. When it came it was the condensed version. The seller has the responsibility to fully and clearly describe the item, including possible difference from existing editions or versions. It's not enough to say nothing, since it clearly made a difference in the end price and clearly disappointed the buyer.

floralaura

Crowqueen wrote: »

When you sell a item you dont add to the listing what the item is not or does not do.

You might if a buyer might get it mixed up with another version of the same thing or the item has accessories which normally come with it which are not included. Since the OP had the other edition of the same toy listed as well, they would have known the difference between the two, so should have made it clear what the bear was and was not.

For example I bought a computer game strategy guide a year or so ago. I assumed from the listing it was the full version, since it didn't specify otherwise. When it came it was the condensed version. The seller has the responsibility to fully and clearly describe the item, including possible difference from existing editions or versions. It's not enough to say nothing, since it clearly made a difference in the end price and clearly disappointed the buyer.

It looks completely different to the interactive one! If the guide had the exact same cover design as the other one then yes, it should have been mentioned but if they both looked different then your own fault.
Anyone interested in buying my car? Advert below before I add to ebay.

For sale-Fiat Punto 1.6 in red. THIS IS NOT A PORSCHE. It has 5 doors. IT IS NOT A BUS. It goes well and is a good runner. THIS IS NOT LINFORD CHRISTIE.

babyfruitella

Apparently she's going to Disney now as eBay have washed their hands with it. She reckons she's been in discussion with the resolution centre (wouldnt I have been party to that if she had??) Her argument with Disney is going to be that the tag says not for resale..... I'm not sure she knows what her problem is with it now....She's changed her story a million times!

And floralaura - That made me LOL!

hermum

If I was looking for an interavctive one I would have made sure that was what I was bidding on., it seems that the interactive ones are boxed, yours wasn't.
We've all at times or most of us anyway, got an attack of auction fever, this buyer obviously has.
I may cave in & offer a refund but I would expect her to return at her cost, that will probably put her off.

hermum

babyfruitella wrote: »

Apparently she's going to Disney now as eBay have washed their hands with it. She reckons she's been in discussion with the resolution centre (wouldnt I have been party to that if she had??) Her argument with Disney is going to be that the tag says not for resale..... I'm not sure she knows what her problem is with it now....She's changed her story a million times!

And floralaura - That made me LOL!

Now I wouldn't offer her a refund, I'd just make sure that she's blocked from bidding on my other auctions.
What sort of feedback does she usually leave her sellers?

Crowqueen

but if they both looked different then your own fault.

Hardly my fault - I was buying the item on eBay with only a picture to go by. Of course I would assume it is the one I wanted.

Buyers are not usually in the position to see the item they are buying fully before they buy and you have to make it clear exactly what they are getting because you cannot rely on them asking questions to see which version of it it is. You would lose a not-as-described dispute, so it's your responsibility in future to list as clearly and accurately as possible so the buyer is clear as to what they are getting.

If you've made the mistake and possibly misled her into buying, you owe her the return costs as well.

babyfruitella

hermum wrote: »

Now I wouldn't offer her a refund, I'd just make sure that she's blocked from bidding on my other auctions.
What sort of feedback does she usually leave her sellers?

Shes only done 14 transactions previously (or at least that feedback has been given for). She's had positive feedback & left positive feedback up until now. I just dont understand why shes still carrying this saga on, when shes already left me neutral feedback??