Ebay transaction issue - help needed

BM-AK

Hi guys,

Basically, long story short, I had listed a electrical item as a buy it now which a buyer bought. The listing was for a brand new item which has 2 years warranty, however being a non-business seller, i stipulated in the listing that I do not accept returns and any problems must be reported within 24 hours.

Item was purchased and paid for, I sent the item and everything was fine. Buyer also left positive feedback and heard nothing else.

Less than 7 days later I hear back from the seller saying he is having problems with the item switching off and not charging and wants to return item for a refund. I responded within 10 mins of his email, apologising, reassuring him/her that the item was fully working before dispatching and not to worry as the item is under full warranty and therefore, contact the service centre and they'll gladly help you. I even offered to deal with this for him if he wants to send item to me at his own cost.

However the seller is getting persistent that he wants a refund and that he is covered under the distance selling regulation to demand a refund within 7 days. As mentioned, I am a non-business seller so am not selling for business purposes (i.e. to make a profit or otherwise) and i'm merely selling an unwanted item.

Buyer is now calling me a con artist, getting a bit abusive and demanding a refund or he will report me to ebay and trading standards.

For all I know, he/she may have damaged the item so am unwilling to refund as stated in the listing. He/she has now reported me to Ebay which is fine as I don't feel that i'm in the wrong - but would appreciate what others think of this?

I'm not sure whether I should just give in (will I get far and does the distance selling regulations apply to private sellers) or fight my corner. The buyer paid a bit more than market value for the item so I think he may have realised and is now trying to get a refund.

Any help or advice appreciated. Thanks

Sazzarella

If the buyer opens a 'Significantly Not As Described' case then they will be told by eBay/Paypal to return the item to you and they will most likely give a refund out of your Paypal account anyways.

pug_in_a_bed

As Sazzarella said, no point fighting it a they'll win if they open a dispute. Best to offer a refund first and be nice about it, disputes count against sellers now I beleive so the less you have against you the better.

You can't ever be sure an item is working perfectly, could have been damaged in the post or anything.

I know its annoying but I'd just politely ask them to return for a refund.

BM-AK

The buyer has opened a ebay case and is getting rather rude on an email. Hes basically saying im in the wrong at thinking distance selling regulations dont apply to private sellers not selling for a business purpose.

I see that the buyer has bought several of the same item from other sellers and im worried he may have dismantled for parts or something and no claiming its not working. Luckily i do take pictures of my items and record serial numbers and screw positions via high res photos. However, what can i do if the item i receive back is not the same i sent (i.e. Serial number wise).

Is it worth me putting it bluntly to them that if i dont recieve the same item (serial no xx) in the same cosmetic condition then i wont refund.

forgotmyname

The buyer is wrong about distance selling BUT your also wrong putting no returns on your ebay listing.

They have opened a dispute and they will send it back to you, Ebay/Paypal will refund them from your account.

If you closed your account or change bank details then they will pass it on to debt collectors.


People on here post links to auctions with unenforceable terms like yours. Ebays rules override yours.

Happy_bunny

Am i missing something really obvious?

Buyer buys XXX from eBay & becomes faulty within a few days so demands a refund - TBH I'm with the buyer, If it was me I'd be fuming & asking for a full refund plus return postage.

Things do break & become faulty but within a few days? I don't think I've ever had any 'brand new item' become faulty so quickly, as for the OP directing them to the service centre - not sure whether I'd laugh or become more annoyed as a buyer! :eek:

I sell on eBay & my first response would be to offer a full refund and get it checked out myself - Indeed have had to do this before!

Whilst i always thought the distance seller rules were for business sellers & new items so won't make comment on that I can say that Paypal or eBay claims on a claim described by the OP will always be for the buyers winning, & IMHO rightly so! Wouldn't even consider accepting the sellers advice if you'd bought it from a shop would you?

Oliver14

BM-AK wrote: »

Is it worth me putting it bluntly to them that if i dont recieve the same item (serial no xx) in the same cosmetic condition then i wont refund.

If you think accusing the buyer of being a Scammer is really going to help. It wont make any difference to the Paypal claim you will still be forced to refund (if you are forced you lose more money as your Paypal fees aren't refunded).

You are already almost guaranteeing yourself dodgy feedback and DSRs putting that in will just put the nail in the coffin.

I recommend if you wish to continue selling on ebay you understand your responsibilities as a seller otherwise it'll be one short selling career.

BM-AK

Just to add a bit of perspective to the so-called fault - the fault was that the item did not hold charge as per the manufacterers figures. I own loads of electrical items and none of them exactly live up to the manufacterers quoted figures. My 50mpg car returns 40mpg - i don't go complaining about this to the manufacterer or the sellers. If it was a broken or completely not working fault then without quibble, a refund would have been sent through. However this just didn't seem genuine to me hence a bit suspicious.

The buyer opened a case and I offered a refund (which seemed like the right thing to do) however I did state that i do record serial numbers and therefore would need to ensure I'm getting the same item back. Turned out the buyer closed the case as suddenly the item is now holding charge according to the manufacterers figures and is happy to keep the item!

pitkin2020

LOL good resolution then.

Its a good job its only sellers who are the scam artists and treat buyers like 2nd class citizens, glad you proved some peoples theories incorrect!!

Crowqueen

Just to note - Distance Selling Regulations don't apply to private sellers, but the Sale of Goods Act does - items have to be as described, which includes those that turn out to be faulty - and eBay give buyers a 45-day guarantee through Paypal so it's wiser to allow buyers to return and not go accusing them of scamming you - never good practice even if you can be sure they are.

Not all sellers are scammers, not all buyers are perfect but the buyers spend the money and they should usually get what they originally paid for.