Should I have to accept the sofa back
doraappa
Posts: 28 Forumite
Hi All
Not sure where I stand on this.
I sold my sofa on ebay 2 weeks back (used, collection with no return). The buyers mom was unwell so had to wait 2 week to get her to collect the item. The money was paid via paypal 2 weeks back. (Meanwhile I bought another sofa on ebay and paid for the transportation.)
The old sofa was collected yesterday and the buyer was happy with it when she collected it.
This morning the buyer complains that it smells of intensive spices and wants the sofa to return back. She says I did not mention that it requires intensive cleaning in the description during selling. I genuinely believe that's not the case, else I would have described it. I described that the cushions are washable.
She says because of the smell, its not fit for purpose..Can she force me to take this back? I cant have 2 sofa and definitely cant afford to take it back. Please advice
Not sure where I stand on this.
I sold my sofa on ebay 2 weeks back (used, collection with no return). The buyers mom was unwell so had to wait 2 week to get her to collect the item. The money was paid via paypal 2 weeks back. (Meanwhile I bought another sofa on ebay and paid for the transportation.)
The old sofa was collected yesterday and the buyer was happy with it when she collected it.
This morning the buyer complains that it smells of intensive spices and wants the sofa to return back. She says I did not mention that it requires intensive cleaning in the description during selling. I genuinely believe that's not the case, else I would have described it. I described that the cushions are washable.
She says because of the smell, its not fit for purpose..Can she force me to take this back? I cant have 2 sofa and definitely cant afford to take it back. Please advice
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Comments
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If you are a high spice eating household it may well smell of that.
Ring and ask ebays advice on 0800 358 32290 -
Providing you're a private individual selling old items you no longer need (and not acting as a retailer) then there is only 2 requirements.
Those requirements are:
1) that you must be able to pass title (ie have the right to sell the goods)
2) that the goods must match their description
Thats it - there are no requirements for it to be fit for purpose or of satisfactory quality (smells dont make goods not fit for purpose because their purpose is to be sat on).
There is however the ebay money back guarantee to consider although I believe that (again) the goods would have to not match their description for the buyer to have a claim.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Problem you have is that you have accepted Paypal for a collection item.
If the buyer was so inclined, they can report they have not received the item, you will then lose the money AND have no sofa.
To reduce the risk, it might be worth accepting it back, cleaning it and selling again, or refunding her the money to get it cleaned properly herself0 -
Was her complaint today by phone or text/ e-mail? Did she sign anything to confirm collection? The only way I could see her winning a case with eBay or PayPal is if she lies and claims she never received the goods.
If you don't currently have anything in writing confirming she has collected the sofa then send her an email through the eBay messaging system confirming that she had ample chance to check the item when she collected it. She's highly likely to reply, therefore giving you your proof of collection.0 -
Yes, which is why it's best to accept cash for the sale rather than PayPal.Problem you have is that you have accepted Paypal for a collection item.
If the buyer was so inclined, they can report they have not received the item, you will then lose the money AND have no sofa.
To reduce the risk, it might be worth accepting it back, cleaning it and selling again, or refunding her the money to get it cleaned properly herself0 -
Thanks all for your replies.
The complaint was via email messages in ebay this morning. There is written confirmation in messages that the buyer collected item in the van. The buyer adds, the smell was so bad that she had to open the windows of her van yesterday (which makes me wonder why she has not brought straight back).
She is also offering me to steam clean it if I take it back. The buyer says she has an antique shop where they sell old furniture and soft furnishings and hence she can offer to steam clean it.0 -
Thanks all for your replies.
The complaint was via email messages in ebay this morning. There is written confirmation in messages that the buyer collected item in the van. The buyer adds, the smell was so bad that she had to open the windows of her van yesterday (which makes me wonder why she has not brought straight back).
She is also offering me to steam clean it if I take it back. The buyer says she has an antique shop where they sell old furniture and soft furnishings and hence she can offer to steam clean it.
Shes a business buyer. She has even less rights - businesses are expected to carry out due diligence.
Of course as I said above, theres still ebays guarantee to consider. You'd be better posting on the ebay board or contacting ebay themselves for advice on where you stand with that.
If she already has the equipment to steam clean it.....why is she even attempting a return? She can clean it with no outlay expense!You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thanks all for your replies.
The complaint was via email messages in ebay this morning. There is written confirmation in messages that the buyer collected item in the van. The buyer adds, the smell was so bad that she had to open the windows of her van yesterday (which makes me wonder why she has not brought straight back).
She is also offering me to steam clean it if I take it back. The buyer says she has an antique shop where they sell old furniture and soft furnishings and hence she can offer to steam clean it.
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.0 -
Why would she steam clean it for you? As a way of persuading you to take it back? How odd.
I'd politely but firmly tell her you will not be taking it back or offering a refund. She had the chance to inspect (and smell) it when she collected it, it's not as if you posted it to her. She supposedly even smelt it on the way home. What's probably happened is that she's got it home and realised it doesn't fit, is the wrong colour or whatever and needs an excuse to ask for a refund.
ETA: just seem she may be a business. Perhaps she had a buyer lined up for it who's pulled out?0 -
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.0
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