Customer opened brand new item and used it. Now wants a refund - is this allowed?

[Deleted User]

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

RFW

holyrottweiler said:

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

Whether business or private, as a health product the rules are a little different. I can't remember exactly, as it isn't my area but there are differences to standard DSR. As a similar example, if it was a mouthwash and the buyer had taken a swig and decided that she didn't like the taste you would not be obliged to refund it.

The problem here is whether the product is faulty or not (which with some personal knowledge it isn't, it's only if it's solid that you can't use it). I've also had a filling from a dentist that fell out within an hour, some things can't be filled whatever is being used. You might want to find the relevant legislation regarding health products and politely tell her to do one.

In similar circumstances I rarely stand my ground any more, it often isn't worth the hassle for a few quid. That's me though.

theoretica

holyrottweiler said:

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

Are you vulnerable to being reported as a business seller incorrectly registered as private?

[Deleted User]

theoretica said:

holyrottweiler said:

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

Are you vulnerable to being reported as a business seller incorrectly registered as private?

No, I'm a genuine private seller, not a business. Why do you ask?

Carrot007

holyrottweiler said:

No, I'm a genuine private seller, not a business. Why do you ask?

They ask becuase many people regard themselves as a private seller when they are not.

Simple test.

Why are you seeling it?

Only option for a privtae seller is they bouught an extra one or decided to use something else and are selling one.

If you bought it for resale you are a business and liable for all that entales if you want to or not.

If you sell this regularly while there is a slim possibility you are aprivate seller it is 99.9999999% unlikely.

(not to even mention you used the term customer rather than buyer...)

theoretica

holyrottweiler said:

theoretica said:

holyrottweiler said:

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

Are you vulnerable to being reported as a business seller incorrectly registered as private?

No, I'm a genuine private seller, not a business. Why do you ask?

Making such a report is one of the options open to an annoyed buyer who has not got the refund they wanted.  You need to decide how much of a problem this might be for you.

[Deleted User]

theoretica said:

holyrottweiler said:

theoretica said:

holyrottweiler said:

swingaloo said:

Are you a business seller or a private seller?    Isnt it a case with these temporary fillings that it makes a difference to how they work depending on how you prepare and actually fit/use them.

Private seller. Correct - i completely agree. Like my post above said how long you leave the filling to set before eating can make a big difference. You can't really eat/drink for a few hours - plus her filling may be very big.
I think I'm going to be polite and stand my ground.

Are you vulnerable to being reported as a business seller incorrectly registered as private?

No, I'm a genuine private seller, not a business. Why do you ask?

Making such a report is one of the options open to an annoyed buyer who has not got the refund they wanted.  You need to decide how much of a problem this might be for you.

Ah, I understand now. Thanks for clarifying - should be fine as I'm not selling this to make a profit and I'm selling because I don't need it anymore.

Thanks everyone for their helpful comments.

[Deleted User]

Carrot007 said:

holyrottweiler said:

No, I'm a genuine private seller, not a business. Why do you ask?

They ask becuase many people regard themselves as a private seller when they are not.

Simple test.

Why are you seeling it?

Only option for a privtae seller is they bouught an extra one or decided to use something else and are selling one.

If you bought it for resale you are a business and liable for all that entales if you want to or not.

If you sell this regularly while there is a slim possibility you are aprivate seller it is 99.9999999% unlikely.

(not to even mention you used the term customer rather than buyer...)

Thank you for clarifying. I am selling it because I have no need for it anymore. Not selling it for profit making purpose.

Carrot007

holyrottweiler said:

Thank you for clarifying. I am selling it because I have no need for it anymore. Not selling it for profit making purpose.

So no problems that side then. Too many people say "but it's just a hobby", I don't make much/anything. No it's a business, probably one you need to stop it it's not making money ;-).

Anyway back to you. You are probably in a tough place. If it's open it is no use to you. If the seller opens a proper not described case then ebay will probably take their side and you will have to call them a lot to put your side accross and even then you may loose. Though that would just mean a refund and no item back which is not such a biggy since it is useless.

There is always small claims if this occurs. Of course being sealed and unused does not mean it is not faulty. Which is where the issue gets more complex.

What to do? I would fight with ebay on the case as much as possible and then give up. (and do nothing until she opens a case).