distance selling regulations and ebay

jaffa68 · 6 August 2013 at 8:33PM

Hi,

We sold an item on ebay described as excellent condition, the buyer is in the usa but asked us to post direct to a friend in the uk, which we obliged. The recipient is saying that the item has damage and not as described. We are contesting this, photos have been sent showing a similar item but is dirty and has chips and other damage which was not on our item, ebay resolution are involved but we are concerned that we are being scammed. The buyer has not seen the item but is asking for a full refund.

Any advice will be appreciated,

Where do we legally stand?

Do we have to give a refund?

Flyonthewall · 6 August 2013 at 11:19PM

I'm guessing you sent to an unconfirmed address so I'm surprised he hasn't just claimed that he hasn't recieved it.

Anyway, if an item is not as described it should be returned for a full refund. However, you do not have to pay return postage costs.

jaffa68 · 7 August 2013 at 7:57AM

Thanks for your reply,
Not quite as simple, they have sent pics of an item that we are saying isn't the one we sent. Ours was in excellent condition, the one in the photos is damaged and very dirty, this is our dispute. If they send the item back we have to refund within 3 days of receiving it.

Flyonthewall · 7 August 2013 at 9:21AM

jaffa68 wrote: »

Thanks for your reply,
Not quite as simple, they have sent pics of an item that we are saying isn't the one we sent. Ours was in excellent condition, the one in the photos is damaged and very dirty, this is our dispute. If they send the item back we have to refund within 3 days of receiving it.

Ebay will still just tell you to refund upon receiving it, whether it is your item or not I believe. Someone may correct me, but I have heard about a number of people being forced to refund returned items despite the fact they say it's a different item.

Is there any way you can prove it's the same item? It's good you have photos, but items can get damaged. Are there any numbers on the item that would be different?

Have you told them they can send the item back for a refund at their cost? Often telling a buyer who is trying to scam that it will cost them to send it back ends disputes because they don't want to be out of pocket.