Should I have to accept the sofa back

unholyangel

doraappa wrote: »

The buyer said that the item was for her home but acknowledge that she has the old furniture and soft furnishings hence offering to make good the sofa for no charge.

I called the ebay and the adviser says the buyer can return the item legally if it is due to smell or whatever reason and I cant stop it.

Looks like I have to take the sofa back and put it back on ebay.

Did you ask the adviser where this is covered in their T&C's? Advisers sometimes get mixed up and misapply correct information to the wrong circumstances. You can also only be bound by the terms you agreed to accept at the time of entering into the contract with them. So if its not in the T&C's you agreed to, they can't now impose it.

pinkshoes

doraappa wrote: »

The buyer said that the item was for her home but acknowledge that she has the old furniture and soft furnishings hence offering to make good the sofa for no charge.

I called the ebay and the adviser says the buyer can return the item legally if it is due to smell or whatever reason and I cant stop it.

Looks like I have to take the sofa back and put it back on ebay.

I would accept the return as a good will gesture but state that the buyer needs to return it, as they should have rejected it upon collection if they weren't happy.

Next time, sell on Facebook Marketplace where there are no fees and insist on cash on collection. Nice sofas seem to sell well on ours!

chili1496

She says because of the smell, its not fit for purpose

She going to sit on it or start munching it?

the_lunatic_is_in_my_head

marcarm wrote: »

Written confirmation means nothing, if she opened an item not received case in ebay, the ONLY thing paypal look at is online proof of delivery, without that the buyer is getting a refund.

It is an old and well known scam, head down to the ebay board and there is a sticky about the dangers of accepting paypal for a collection item.

Paypal doesn't offer protection for collection items in the event of "non-receipt" (nor do they look at eBay cases).

eBay does offer protection for non-receipt of collected items but will read the messages between the two parties and close the case where they can see the buyer has received the goods.

the_lunatic_is_in_my_head

unholyangel wrote: »

Did you ask the adviser where this is covered in their T&C's? Advisers sometimes get mixed up and misapply correct information to the wrong circumstances. You can also only be bound by the terms you agreed to accept at the time of entering into the contract with them. So if its not in the T&C's you agreed to, they can't now impose it.

This is eBay and they do what they like! Only option is what, small claims for losses but lose your account in the process.

marcarm

the_lunatic_is_in_my_head wrote: »

Paypal doesn't offer protection for collection items in the event of "non-receipt" (nor do they look at eBay cases).

eBay does offer protection for non-receipt of collected items but will read the messages between the two parties and close the case where they can see the buyer has received the goods.

I beg to differ, and looking at the sticky thread from our resident Ebay expert, she would differ also.

soolin wrote:

PayPal on collection scam[/U]

For PayPal seller protection items must be sent to the PayPal address that they confirm is 'OK to send to' and to defend an INR proof of delivery must be available on online. Therefore a scammer can pay by PayPal, collect and then claim Item Not Received (INR) and they will win the case. There is no alternative to proof of delivery , photographs, signed receipts etc are no good. For more information see the sticky postage thread.
Even for a claim for fraudulent use of a card the seller protection only kicks in if seller can show proof of posting.

My bolding.

You can have whatever "proof" you like, videos, signed receipts, letters, ebay messages, but if there is no proof of delivery online, the seller will lose the case

hollydays

doraappa wrote: »

The buyer said that the item was for her home but acknowledge that she has the old furniture and soft furnishings hence offering to make good the sofa for no charge.

I called the ebay and the adviser says the buyer can return the item legally if it is due to smell or whatever reason and I cant stop it.

Looks like I have to take the sofa back and put it back on ebay.

How are you going to do that if it smells of cooking?

the_lunatic_is_in_my_head

marcarm wrote: »

I beg to differ, and looking at the sticky thread from our resident Ebay expert, she would differ also.

https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full#r013

13.4 Conditions for reimbursement

Your purchase is an eligible purchase. Purchases of most goods and services are eligible (including travel tickets, intangible items such as rights of access to digital content and other licences), except for the following transactions:

purchases of items which you collect in person, or arrange to be collected on your behalf (including at a retail point of sale) and which you claim to be Not Received;

eBay will close cases where the buyer confirms receipt in the eBay messaging service, we've had at least 3 closed in the last 6 months on this basis.

marcarm

From the same webpage:

11.1 What is PayPal seller protection?

If you are the recipient of a payment made by a customer ("Payment Recipient"), we may reimburse you an amount for Claims, Chargebacks, or Reversals made against you based on the following reasons:

A Chargeback or Reversal was issued against you for the reason of an “Unauthorised Payment” (except for any “Unauthorised Payment” initiated in an environment not hosted by PayPal); or
A Chargeback or Claim was issued against you for the reason of “Not Received”,
where PayPal receives from you proof that the item was posted or delivered in accordance with the requirements set forth below, subject to the further provisions of this section 11 (including, without limitation, the Eligibility Requirements at section 11.6).

So the buyer may get their money back by claiming INR or unauthorised transaction, but if the seller can prove they posted it, they have seller protection so paypal will stump up the refund. In this case, the seller cannot prove they posted it, so it is them who will stump up the refund, meaning they are without sofa OR money

the_lunatic_is_in_my_head

marcarm wrote: »

From the same webpage:



So the buyer may get their money back by claiming INR or unauthorised transaction, but if the seller can prove they posted it, they have seller protection so paypal will stump up the refund. In this case, the seller cannot prove they posted it, so it is them who will stump up the refund, meaning they are without sofa OR money

I was referring to your earlier post which was with regards to an item not received claim rather than a chargeback and my above post was correct in that regard.

If they get a chargeback which is what you are now referring to the above you quote from Paypal is obviously correct.

In this case the buyer is a business with a shop full of stock and would be foolish to try a chargeback and risk a small claims case against them.