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Buyer "presumes" colour then complains its not colour she thought and wants refund??

I sold some expensive nail varnish colours on ebay. As from the bottle you cant see the colour I took a standard pic from the makers website which tells you about the products and used that on each of my listings.
When listing I put the colour name in the title and also in the listing I stated what the colour was.

Sold them all and now a buyer has contacted me wanting a full refund as its not the colour she thought. She "presumed" it was red but she got a grey colour, the colour that was stated.

She has said in the ebay case those exact words also that she "presumed". If she wasnt sure by the name she should of looked it up or asked what shade it was before bidding and winning.

I have told her already in a message before she opened the case that I cant refund purly because she "presumed" what the colour was and that theres nothing wrong with it. Also my listing states no refunds.

Are ebay going to side with her and tell her to send it back for a refund? As I really dont see why I should refund her, its not my fault and I have stated no refunds.

Ebay are always on the buyers side and never on the sellers side :(
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Comments

  • From what you say then you should win the case, as you have listed correctly.
    You are at the mercy of eBay now.... :o

    Just beware that because you put "No Refunds" in your listings...
    .........don't presume it will make you bullet-proof.

    Its eBays playground and you play by their rules :o
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    Are you a private or business seller?

    Business sellers have to accept returns, regardless of what they put in their listing. When eBay give a choice of "returns accepted" this only applies to private sellers and only applies to buyers remorse. Buyers can always return items if not as described, regardless of what the listing says.

    In this case because the buyer has admitted she thought it was a colour which clearly isn't what was described in the listing then you should be ok unless there is anything in your listing that could be misleading. If for instance you used a picture which showed the colour she wanted or there was some reference within you listing that could be misinterpreted.
    It may sometimes seem like I can't spell, I can, I just can't type
  • emweaver
    emweaver Posts: 8,419 Forumite
    Youll end up refunding her Ive lost 2 disputes for buyers presuming items were included which were not in the listing nor the photos.
    Wins so far this year: Mum to be bath set, follow me Domino Dog, Vital baby feeding set, Spiderman goody bag, free pack of Kiplings cakes, £15 love to shop voucher, HTC Desire, Olive oil cooking spray, Original Source Strawberry Shower Gel, Garnier skin care hamper, Marc Jacobs fragrance.
  • prowla
    prowla Posts: 14,188 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is the dispute an "item not as described" one?
    If so, then you can point out that it was as described.
  • techspec
    techspec Posts: 4,464 Forumite
    Where did she get red from if it was grey? Your not one of those sellers who show a picture of different colours are you - and then have the actual colour in the title.

    If the title AND photo AND description say grey - then you should emphasise this fact in your responses. Its clearly as described if so.

    Also , how do you know it as not been opened and tried - making if difficult to re-rell? Was it sealed? If so - ask if it still is.

    If paypal do offere refund - make sure you insist its returned - tracked!!!

    I sold a £10 nail varnish for 99p inc postage. I listed the make and colour and a clear photo. I received a neg and low stars - as it was not the shade she expected. Ebay would not listen and REFUSED to remove the feedback - until i had a stroke of luck. She offered to remove it herself for £5 - to cover her inconvenience. I forwarded the email to ebay and they removed it. But until that point - it was like talking to a brick wall.
  • karenx
    karenx Posts: 4,988 Forumite
    I am a personal seller, i used ebay alot ages ago then stopped because of things like this. Came back on to sell a few things and then this happens again!
    Everything clearly stated the colour and she has admitted she presumed it was a different color. In the case she has also put it was very misleading as I didnt state the colour - ie grey. Just put its name. To me thats not misleading at all, if you arent sure what the colour looks like you would look it up? Not just pick a colour out the air and hope the one your buying is that!

    No responce as yet but I can tell Im going to have to refund this :(
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    karenx wrote: »
    No responce as yet but I can tell Im going to have to refund this :(

    To be fair it is your responsibility to ensure the listing is correct, so why wouldn't you put the colour rather than just the name?

    That said unless the grey is called "crimson blush" or some other misleading name I doubt the buyer can win a NAD claim without lying.
    It may sometimes seem like I can't spell, I can, I just can't type
  • soolin
    soolin Posts: 74,437 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I think having used a stock photo seriously weakens your case and if I were you I would refund, through gritted teeth if necessary on the basis you are more likely to avoid poor feedback that way.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    I agree with the others I'd refund as you listing wasn't clear using a stock photo and ambiguous name for the colour.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Azmataz
    Azmataz Posts: 137 Forumite
    karenx wrote: »
    When listing I put the colour name in the title and also in the listing I stated what the colour was.

    As a matter of interest, what was the name of nail polish shade?
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