Sold item as collection only, buyer arranged a courier as not local, i found item faulty so refunded 6 January 2022 at 1:05PM in Ebay, auctions, car boot sales, post & parcels 11 replies 585 views

SG999

So, i'll try and keep this short and sweet! I sold a large heavy electrical item on Ebay, listed it as collection only due to being heavy and being an electrical item, the buyer organised a courier as he lived a long way from me, I then found the item was faulty so doing the right thing I thought I refunded the buyer immediately and told him so. He is now telling me that I am liable for the cost of the courier as it was non-refundable! I've contacted Ebay and they said i'd done nothing wrong but the buyer disagrees! How do I stand? Am I liable? because my understanding is there is two contracts, one between him and myself for the item for which i've refunded him for, then the second being between him and the courier company, should he be trying to sort something out with the courier company or ? Any help appreciated

theoretica

My understanding is you are correct - but you could offer to resell him the item at a lower, faulty, price if he wants?  Not sure how best to sort that through the ebay system but confident it would be a bad idea to go outside ebay.

NBLondon

Agree.  You sold on the basis of buyer collects; it was their decision to pay for a non-cancellable/non-refundable courier.   If you cancelled while the courier was on the way there's a possible moral obligation.

SG999

Thank you to you both for your replies. NBLondon, the seller arranged courier on bank holiday monday, I informed them early tuesday afternoon and refunded them straight away, they said courier was non-refundable, I said contact them and then wednesday morning the courier turned up at my home! I showed them the cancellation and the refund, he said he'd speak to his manager, now the buyer is threatening to take me to court unless I pay the money!

Norman_Castle

SG999 said:

Thank you to you both for your replies. NBLondon, the seller arranged courier on bank holiday monday, I informed them early tuesday afternoon and refunded them straight away, they said courier was non-refundable, I said contact them and then wednesday morning the courier turned up at my home! I showed them the cancellation and the refund, he said he'd speak to his manager, now the buyer is threatening to take me to court unless I pay the money!

Exactly what did you show them? Proof of you cancelling the sale and refunding your buyer is irrelevant to the courier. Was the courier collection cancelled by the buyer? Which courier company?

Belenus

SG999 said:

Thank you to you both for your replies. NBLondon, the seller arranged courier on bank holiday monday, I informed them early tuesday afternoon and refunded them straight away, they said courier was non-refundable, I said contact them and then wednesday morning the courier turned up at my home! I showed them the cancellation and the refund, he said he'd speak to his manager, now the buyer is threatening to take me to court unless I pay the money!

Let him threaten away, it is an empty threat.

cx6

If you had done nothing and the courier had collected the item and then the buyer complained it was faulty the most you would have had to do is refund the purchase price or the purchase price plus transport back if you had wanted the item returned to you. 

MalMonroe

SG999 said:

So, i'll try and keep this short and sweet! I sold a large heavy electrical item on Ebay, listed it as collection only due to being heavy and being an electrical item, the buyer organised a courier as he lived a long way from me, I then found the item was faulty so doing the right thing I thought I refunded the buyer immediately and told him so. He is now telling me that I am liable for the cost of the courier as it was non-refundable! I've contacted Ebay and they said i'd done nothing wrong but the buyer disagrees! How do I stand? Am I liable? because my understanding is there is two contracts, one between him and myself for the item for which i've refunded him for, then the second being between him and the courier company, should he be trying to sort something out with the courier company or ? Any help appreciated

The two most important points I've highlighted above. You listed it as collection only. The buyer organised a courier so that it could be collected. That cost is his since your listing was quite clear. The courier was an extra cost he was prepared to pay for delivery of the item. 

eBay has said you've done nothing wrong. It's now up to the buyer to prove that you have. So let him take you to court, it will cost him to do so and to also find out that he's in the wrong.

He should be trying to sort something out with the courier, yes. If he can.

MalMonroe

theoretica said:

My understanding is you are correct - but you could offer to resell him the item at a lower, faulty, price if he wants?  Not sure how best to sort that through the ebay system but confident it would be a bad idea to go outside ebay.

But then there'd be the courier costs again and the item's faulty and as you say, going outside the eBay system is a big mistake. The only way that idea could possibly work is if the OP offered to give the item to the buyer.  

koalakoala

Surely you would have checked the item before selling?The buyer is out of pocket through no fault of his own. Not very nice

anotheruser

You listed as collection only.
Did the buyer advise you they would organise a courier or did the courier just turn up?  If the latter, a little presumptuous on the buyer's side.

The item is faulty.
You could have let the courier have it and then wait to see if the buyer finds out.  If they don't, great!  If they do, the courier (that they organised) could have damaged it or whatever.  HOWEVER, you have been nice - although a quick message before cancelling could have been better as the buyer may have said they don't mind it being damaged.

You owe nothing to the buyer.
They arranged a courier at their expense.  You have a valid reason for not allowing the item to be taken away.  It's more likely that they're miffed they don't have the item and either don't understand it's damaged or don't care.

Ignore the threats of court.

Contact the buyer and say they can re-buy but it is damaged and list the item as "for parts or not working" detailing the damage.  If it sells again, you will be pretty safe as you'll have detailed the damage.