Buyer wants refund but has damaged item..?

fuzzgun19

Looking for some advice here.

I have sold some of my handbags on ebay over the last few weeks to help towards paying off some debts. 3 of them were Burberry handbags that I bought from my local 2nd hand designer boutique about 2 years ago.

One of the bags has a slight mark on the outer fabric about 1 cm long, possibly done when I was using it, and I stated this in the listing. The buyer of this burberry handbag (sold for £22.59) has sent me this email -

Hi - Bag arrived today. Many thanks for quick delivery but just a little concerned that this bag is not a genuine Burberry. It looks great but the strap and black trim is man-made leather and not genuine leather as should be. Also the Black tab on the inside is man-made and fully stitched down as opposed to a flap which lifts up to reveal a serial no.

I would appreciate your reply.

Kind regards

I was not aware that this was a fake, as it looks good quality, has all the burberry tags/lining etc. so i emailed back saying they could return for a refund.

Then I get this email -

Thank you for your prompt reply. I have just tried to gently wash off the pen marks with a mild deterganet and the design has come off. This is a sure sign of this being a Fake which was confirmed when I checked inside and there is no MADE IN ITALY tag and serial no.

Now as this bag was sold as a Burberry and clearly it is not I will require a full refund including my return postage costs using Recorded Delivery (as was sent). This would be preferable to a claim via PayPal and Ebay which would enevitably have to involve Trading Standards.

I look forward to your reply with return details.

Regards

I emailed him my address to return the bag and then get this -

Please confirm that you will be refunding the following:

£22.59 cost of bag

£2.68 p&p charged

£1.38 (1st Class Recorded Delivery) cost to return.

Total

£26.65

Once the refund is received I will happily complete your request via Ebay to refund your Final Listings Fees "as we both agreed not to complete transaction".

I have to be thorough in this matter.

Kind regards

What should I do now as the buyer has disfigured the bag trying to get the mark off with detergent..?

I do get the impression he is trying to 'scare' me into a refund threatening me with trading standards etc. What would they do if he did report?

I genuinely thought this was a real burberry bag, and wouldn't have listed anything that I thought was not genuine.

custardy

problem is if its a fake paypal would side with them anyway from what ive read.
tell them to return the bag for a refund.
i dont see any other option for you im afraid

arnie&caseysma!

Let them open a dispute with paypal and let them adjudicate - you both get to put your side of the issue forward, paypal view the case as a whole (you will be able to let them know that the buyer has damaged the item using detergent also) and let them decide the outcome. In anycase Paypal will probably tell the buyer to return the item to you via a trackable method and they will have to submit the tracking number onto the dispute. I am not sure which party would be responsible for the return postage cost.
At worst, if the buyer decides not to go through with returning the item, they will probably leave a negative feedback, but if trying to scare you into giving money back they will probably realise that by doing so and damaging the item they will probably get one in response.
If you have pristine feedback then I wouldn't let this bother you too much although I know that it is annoying to have your ebay reputation ruined by one person.
Im not too sure what would happen if it is a fake, but then again, this may be part of their tactics......if they don't return it keep an eye out on what they are selling as it may just appear there again (happened to one of my friends who sold a pristine dress to a powerseller who tried to tell her it was ripped and covered in makeup and then promptly re-sold it for a profit, lo and behold there was nothing wrong with it then!!!).

Hintza

Could have switched it? Don't argue get it back and check it is the one they sent and then take it from there.

fuzzgun19

Thanks for the replys. I have just checked his feedback he has 23 (96%) and its all good except one for an item HE SOLD in 2004 that was FAKE!!

Listed an item as authentic, sold a fake at high price authenticity card missing
Buyer:

09-Jul-04 18:29

• Reply (10-Sep-04 14:38):
  
  No such claim made. Should have e-mailed first. Authencity card was NEVER listed

So where do I stand legally, if he did report me to trading standards?

soolin

If you get reported to trading standards and the bag is a fake then you will lose the bag and the money and might, although it is unlikely, be prosecuted for having and selling a fake item.

If reported to ebay they might put a warning on your account which would only be a problem if you get any more warnings or if your overall buyer satisfaction (ie feedback and complaints) gets too low. if reported to paypal then they might insist you repay her in full on return of the bag, or they might ask buyer to prove it is a fake by getting it independently assessed.

personally unless you can be 100% sure it is real I would take the easy option and take it back for a full refund, but I would hold out against refunding before bag received back. The fact that it may have been damaged is a bit immaterial really as the problem of it possibly be a fake outweighs the damage.

Cerenia

Wait... soemeone expected a authentic burberry bag for just over £22? Correct me if i'm wrong, but isn't burberry like, a pricey label?

custardy

if its an auction it sells for what it sells.
if its listed as authentic the expectation and price are irrelivent

GregtheHammer

I would no issue any refund until item has been returned. It may go missing in the post, then you have no bag as well as no money

fuzzgun19

I have now received this email -

As I have not yet had a reply to my last email requiring confirmation of total cost of refund, I will have no alternative but to report this item to Ebay and subsequently claim via PayPal.

If I take this bag to my local Trading Standards office they will issue a confirmation note for PayPal which will automatically credit my PayPal account but also confiscate the bag with a full record of senders details. Subsequently they have the authority to report this to the Police as 'sale of counterfeit goods'.

I would prefer to settle this matter ourselves but will have no alternative than to file a SNAD and report via VERO if I do not have confirmation that you will be returning my money in full including return postage.


Regards

I think this bloke is being very snotty about this.

He could see what he was buying as I took close up pictures of the bag including the fault.

I said I would refund if he returned the ruined bag, and he is threatening me with all sorts... well over the top!

I'm just going to reply and say I will refund and I await return of the ruined bag. :mad:

rose_sparky

I would be inclined to call his bluff. Sounds like a big bully to me.

Stick out for getting the bag returned and then refunding.