UPDATED-buyer opened dispute I WON EBAY APPEAL

bindiboo

Advise guys

I sold a sat nav, dvd player, cd changer on ebay as a bundle and stated on the listing that I hadnt tested any of the items as being working and I stress this in my listing.

Buyer firstly takes ages to pay so i had to open a unpaid item case. Buyer then pays on receipt of the notification

Buyer wins auction on 19/07, pays 26/07.

Now on 16/08 he claims that one of the items in the bundle isnt working and wants a refund or replacement.

I cant replace it as I am not a dealer.

I did stress to the buyer that I had listed the items as not tested working. He has comeback saying he wants a replacement or refund.

I have spoken to Ebay but all they say is to refund him on receipt of goods.

Now when you look at the stuff this guy sells on ebay, he sells used car parts including items like I had listed.

Now the particular item he claims is not working is also an item that he has listed and relisted prior to the date he bought my auction items.

He list this item as not working and that he had it a month or so. (he first lists this on 06/07)

So my feelings are that even though I have reluctantely agreed to refund in full on reciept of goods (what ebay said to do) he is going to try and swap the item for the faulty one hes being trying to sell and claim a refund off me.

I have told the buyer that I had recorded all the serial numbers of each item in the bundle and that I have photographic evidence and that I would only issue a refund when I have checked the items are the original items I sold him.


Is there any advise on this guys please.

Crowqueen

I did stress to the buyer that I had listed the items as not tested working. He has comeback saying he wants a replacement or refund.

It's a bit of a lottery not testing things before you list, you need to make sure things are tested. It doesn't say "not working" therefore the buyer has a reasonable right to expect "working", you can't disclaim responsibilities for it not working unless you say it's definitely not working in the listing.

Every item sold on eBay with Paypal effectively has a 45-day guarantee - electronic things are prone to breaking down or coming to the end of their serviceable life with no respect for either buyer or seller (one of many reasons I don't buy things like this s/h from eBay any more and only sell faulty electronics or those I have never used, not the items I have been using for a while). Beyond 45 days it's the buyer's problem. Within 45 days, it is still possible for them to send it back for a refund under the dispute procedure.

If someone is going to swap something I suspect they would do it a few days after receipt, not a few weeks. You may have upset the buyer further by questioning their honesty - it's always a risky business and if you are going to record serial numbers etc. you could just do it without telling the buyer that - it not only puts off scammers but it puts off people with genuine issues with the item you sent.

Occams_Razor_2

firstly, how you managed to squeeze in an unpaid claim within the fractional time period of the auction ending on 19/07 and receiving payment on the 26/07 I don't know.

secondly, you need to acquaint yourself with the sale of goods act.

thirdly, it sounds like you're trying to hide behind "not tested" as a euphemism for not working.

sorry, but on reading this my sympathies are not with you.

J_J_Carter

Did you list the items Condition as 'Used' or 'For parts or not working'?

if you are going to record serial numbers etc. you could just do it without telling the buyer that

Put all serial # in the listing would be my recommendation

Crowqueen

Occam/s_Razor wrote: »

firstly, how you managed to squeeze in an unpaid claim within the fractional time period of the auction ending on 19/07 and receiving payment on the 26/07 I don't know.

secondly, you need to acquaint yourself with the sale of goods act.

thirdly, it sounds like you're trying to hide behind "not tested" as a euphemism for not working.

sorry, but on reading this my sympathies are not with you.

To be fair, that's quite easy as you are able to open one after four days and by my count that's seven days.

That's not actually outside the bounds of how long I'd normally wait for payment, though opening a dispute might have been enough to annoy the buyer. I don't disagree that it was the wrong thing to do, but from the sounds of it it is probable that the item originally worked and has now stopped working, which Paypal do cover by default.

bindiboo

Crowqueen wrote: »

If someone is going to swap something I suspect they would do it a few days after receipt, not a few weeks. You may have upset the buyer further by questioning their honesty - it's always a risky business and if you are going to record serial numbers etc. you could just do it without telling the buyer that - it not only puts off scammers but it puts off people with genuine issues with the item you sent.

Hi, Just to say that I havent said to the buyer that I think he has swapped it over but am suspicious that he will as he has tried to sell his faulty one twice before winning my auction and also I have only mentioned to the buyer that i had recorded the serial numbers after agreeing the refund.

bindiboo

Occam/s_Razor wrote: »

firstly, how you managed to squeeze in an unpaid claim within the fractional time period of the auction ending on 19/07 and receiving payment on the 26/07 I don't know.

secondly, you need to acquaint yourself with the sale of goods act.

thirdly, it sounds like you're trying to hide behind "not tested" as a euphemism for not working.

sorry, but on reading this my sympathies are not with you.

err yeh thanks for that but 7 days waiting for payment is long enough in my mind especially as it was a high value item, also I stated that I had not tested this as working, maybe I should have chose more definable wording, that is a lesson learnt but I certainly did not hide behind it.

Your sympathies are not with me well I'll live with that!

I came on here for advise and I thank the other posters than have been helpful.

bindiboo

Crowqueen wrote: »

To be fair, that's quite easy as you are able to open one after four days and by my count that's seven days.

That's not actually outside the bounds of how long I'd normally wait for payment, though opening a dispute might have been enough to annoy the buyer. I don't disagree that it was the wrong thing to do, but from the sounds of it it is probable that the item originally worked and has now stopped working, which Paypal do cover by default.

Thanks, I wonder what cover I get if the buyer is trying to scam me by swapping the item!!!

pitkin2020

bindiboo wrote: »

Thanks, I wonder what cover I get if the buyer is trying to scam me by swapping the item!!!

None, even the buyer sends you an empty box as long as he sends it via recorded delivery and he can prove postage paypal will refund him. He only has to fill the box with the appropriate weight. Its best to just keep buyer on side, get the goods back and refund.

Test the items and relist them accurately either as working or not working, all of those items are stand alone and easily tested so there is no reason why they should haven't been tested prior to the sale.

Oliver14

bindiboo wrote: »

Thanks, I wonder what cover I get if the buyer is trying to scam me by swapping the item!!!

If you think that of every buyer who wants to return a faulty item. Ebay isn't the place for you

Crowqueen

bindiboo wrote: »

err yeh thanks for that but 7 days waiting for payment is long enough in my mind especially as it was a high value item, also I stated that I had not tested this as working, maybe I should have chose more definable wording, that is a lesson learnt but I certainly did not hide behind it.

Your sympathies are not with me well I'll live with that!

I came on here for advise and I thank the other posters than have been helpful.

You really need to test items fully - it will make you money in the long run for a bit of hard work beforehand - or sell them as spares/repair or not working.