Help needed - unsure where I stand

jamtart6

Bought an item from a craft fair (microwavable wheat filled hot water bottle), have never used it, and decided I wouldn't use it, and during a clear out, decided to sell it on eBay. Sold it as brand new, which as far as I was concerned it is brand new, as it has never been used.

Buyer has been awkward from the start and said she wanted to give it as a present, so could I send the wrapping and instructions, and accused me of it not being new. As the item was bought from a craft fair it didnt have the instructions etc with it, and I didnt state that on the description that it had wrapping nor instructions, so altho the buyer wasnt happy, she couldnt complain as I had sold it exactly as I bought it.

She then emailed to say she wasnt happy as she'd tried it out, and didnt work as she thought it would. As I hadnt tried it out or used it, I didn't know that and as I don't have the instructions, nor does she I don't even really know how it works or how much it should be heated up for etc (so whos to say she heated it up correctly??) - anyway she wasnt happy with that as she said it went all soggy "leading her to believe it was stored in a damp place for along period of time" (which it wasnt!!). She also complained that it didnt smell of lavender as advertised, it did smell of lavender but also of the wheat that it is filled with - which is why it was described as a wheat filled hotwater bottle with lavender fragrance.

Anyway, had a person in my family hospitalised, and couldnt reply to her emails, she has now opened a dispute, wanted a refund. I had actually sent her item before putting the cheque in the bank as the bank is 25 minutes away from my house, so thought I was doing her a favour (!) Anyway I put the cheque in the bank, and even up to Friday when the debate was raging I said I couldnt actually refund her seeing as though the cheque hadnt cashed. She said "you wouldnt have shipped if the cheque hadnt cleared" (which I did do out of the kindness of my heart!) anyway to cut this long story short, she said it had cashed out of her bank and up to last friday, the cheque had not cashed in my bank, but this morning the cheque has cashed.

Now I'm unsure what to do. I believe the item was sold and described as closely as possible and she has obviously interpreted it in another way (ie. expected packaging etc when it was never mentioned). I have 200 feedbacks all positive with many saying "item described perfectly" - and after all the hassle, I feel like I have sold the item as I bought it and it is brand new (she says its not). I really dont want to refund her, and dont really mind getting a negative feedback if thats how she feels - but where do I stand with eBay - will my account get suspended, can she take it further etc?

Any comments etc gratefully received as Ive never been in this situation before. many thanks

ormus

if it was sold for a low value then i would refund the money after she sends it back. just to stop a lot of hassle.

jamtart6

even though i completely stand by my description?

frivolous_fay

Worst case scenario... you'll get bad feedback.

You're not obliged to refund.

jamtart6

so nothing worse can get involved like trading standards?? she even said "i dont think you meant to be deliberatley dishonest but im not happy with the item and if i went to a shop i would have been able to get a refund"

so basically i dont have to refund even though
a) shes not happy
b) she doesnt think it works properly
c) she doesnt think it is described properly
d) she doesnt think its new

even though they are all untrue as far as Im concerned...?

soolin

The fact that she has sent a cheque means that out of the two of you she is in the weaker position as neither ebay, nor of course paypal will intervene.

Remain polite, explain that she has received exactly what was outlined in the auction, and get that cheque banked and cleared ASAP before she cancels it!

jamtart6

thanks soolin - it has now cashed and cleared and in my bank! i was waiting for it to clear for over 10 days - so i actually thought she HAD cancelled it. So eBay dont have to get involved? if i dont issue a refund, the worst she can do is neg me?

soolin

jamtart6 wrote: »

thanks soolin - it has now cashed and cleared and in my bank! i was waiting for it to clear for over 10 days - so i actually thought she HAD cancelled it. So eBay dont have to get involved? if i dont issue a refund, the worst she can do is neg me?

The buyer can raise a seller complaint, but it is unlikely that ebay will do anything other than suggest this is sorted out between the two of you. They are unlikely to get involved in deciding matters of not as described and will probably refer the buyer to the safe buying tutorials which says clearly that there is no protection if paypal is not used.

Other than that then yes the buyer can neg.

shelly

jamtart6 wrote: »

she even said "i dont think you meant to be deliberatley dishonest but im not happy with the item and if i went to a shop i would have been able to get a refund"

Suggest to her that she gives up buying on ebay and buy from a shop in the future if she wants the security of returning items willy nilly.

jamtart6

Thank you, that is fine. I can deal with that! Many thanks to all

jamtart6

shelly wrote: »

Suggest to her that she gives up buying on ebay and buy from a shop in the future if she wants the security of returning items willy nilly.

i know - it probably is just a case of not getting what she expected. i had another item which was a 6x6 album which i sold as a 6x6 album - the buyer said "it wasnt what i expected but lovely all the same" (a positive feedback) - it took me ages to work out what they actually thought it might be, and then I see how they could have made assumptions on the descriptions (most albums for scrapbooking come with plastic sleeves, this didnt but was described on packaging as 6x6 album)

thanks for all the advice. hilariously she wanted the postage costs back for when she returned the item too.... err no!