Am I in the wrong??

live'n'learn

Sometimes buyers either bid at the last min and have a quick read at what is for offer or they simply mis-read what is on offer!!

In your case i think you have done nothing wrong the buyer should have known what she was buying or at least asked some questions!!

I had an experience that cost me money a few months back when i bought a power drill and thought it would come with the charger or at least more than just the main drill part. I made the mistake of not asking more questions so still have a drill that i have not used yet!!

babyfruitella

Just on to eBay now who are saying that they'll get her to send the bear back so I can review it & tell them if its strawberry scented! I KNOW its not strawberry scented!! I didnt say it was!!! Why dont they have advisors that speak proper English?????

chancesare_2

babyfruitella wrote: »

Just on to eBay now who are saying that they'll get her to send the bear back so I can review it & tell them if its strawberry scented! I KNOW its not strawberry scented!! I didnt say it was!!! Why dont they have advisors that speak proper English?????

In ebay speak: we will get the buyer to send it back and refund them.

babyfruitella

Well the case has now been closed. Only i'm confused what the hell is going on with it.

The case says:

Customer support has refunded the buyer and the case is closed. 24 Dec, 2010 at 17:13
Reimbursement information:
Final decision:
This case has been decided in the buyer's favour.
Customer support comments:
The buyer was asked to provide written confirmation from the manufacturer or law enforcement authority that the item is counterfeit, but didn't. You don't need to do anything else.
Transaction information:
We've removed the hold on this PayPal transaction. View PayPal transaction

but the message in my messages says:

Dear *******,

Customer support has reviewed the case and made a final decision.

Whilst the buyer is not eligible for a refund, this case will still be included in your seller performance evaluation. The hold on this PayPal transaction has been removed. This case is closed.

Decision:
This case has been decided in the buyer's favour.

You can also view the details of this case in the Resolution Centre.

So has she had a refund or not? My Paypal is back to zero now, instead of in negative. Anyone?

OwtForNowt

Sounds like they have refunded her, but not with your money. It happens sometimes.

twinkle1981_2

I can't actually believe they found in her favour :huh:.

babyfruitella

Have spoken to eBay who've confirmed she won because she wasnt happy with the item, but as she wasnt able to provide evidence that it was fake (which she wouldnt have been able to, because it wasnt) i've not got to refund her. So it seems if you're not happy, you can escalate a claim & win no matter what. Surely if she couldnt provide evidence to back up her claim, then I should have won??

She's just messaged me saying

well done, hope you have a very merry christmas and a happy prosperous new year.
regard,s

hermum

Unbelievable, I expect that you were fuming at ebays decision & hopping when the crowing cow emailed you.
At least ebay have refunded her & you aren't out of pocket but seems totally unfair that you're sellers performance has been hit by it.
Just grit your teeth & hope that karma bites her on the !!!! in the not too distant future.

babyfruitella

I'm not happy at all at them ruling in her favour. She couldn't provide any evidence because it wasn't fake. Why should she get the bear AND her money back?? When i've seen cases of eBay refunding previously its usually been ruled as a "no fault" case. I'm just confused as to why they've refunded her, if seemingly she was in the right??

marleyboy

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.

Sorry but this is utter nonsense. For example you bought a condensed version of a computer game strategy guide, wrongly assuming it was the full version.

Had this game guide specifically said (FULL VERSION) then you would have a case, clearly it did not, this is why you still have it today and never got it refunded, as the seller did not mislead you in the advert.

People do not go around describing what items are not, the list would be endless; Computer game for sale - does NOT come with a computer, does NOT do somersaults, does NOT play by itself, does NOT glow in the dark, etc.

People sell a product as is, they describe it to the best of their knowledge, maybe even describing what it DOES do. A bidder is perfectly entitled to enquire if the item does this or that as well, but a seller only needs describe what the item is and what it does Never what an item is NOT and what it doesn't do.