fish? DOA

[pipsqueakz]

So today I sold 3 fish from my pond. They were all very healthy. This guy comes to pick them up and I've just had an email saying one died on way home. What do I do?? As I say they were healthy and OK in my pond is he trying to pull a fast one to get a refund? How can he prove its dead his for I deal with this???

[lljkk]

If he was scamming all 3 would be dead, right?

[pipsqueakz]

Not necessarily as all were separate listings and it was the most expensive one that DOA.
Don't know what to do as he cant exactly send the fish back, and a photo wouldn't work. I'm a bit stuck. I told my husband not to list them on eBay. Don't know what to do is he having me on or should i part refund or what? I don't want bad feedback but don't want to be conned either!?
As i say they were all very healthy no sign of illness.

[MrsMagpieCovetsShinyThings]

Why wouldn't a photo work, has he already disposed of it?

[thistlelicker]

I didn't think u could sell live stock on eBay

[pipsqueakz]

you can sell pond fish as long as there not over 5cm in length. We checked it out before listing.
Could photo shop it. And I would find it difficult to tell in a picture i think.

[pipsqueakz]

I've no idea if he has disposed of it. He had no problems checking them and taking them. He transported them. I really fail to see how I am to blame or is that not the point? Am i being too harsh and should i refund. oh i don't know what to do. I know i wont be selling anymore via eBay!
I'm really upset :( they were so healthy before they left!

[fergoose]

did he pay cash? If so there is no comeback, if paypal he would have to return tracked for a refund normally.

[fergoose]

But I can't imagine ebay telling him to return a dead fish to you - that is grim :(

[pipsqueakz]

he paid by Paypal oh god i feel bad not refunding or partial refund but they were all fine in my pond. I need some guidance. plz.

[pipsqueakz]

absolutely i don't fancy a dead fish. through my letter box!

[fergoose]

you should never have taken paypal for a collected item - but if he wants a refund and opens a case with ebay he would normally have to return tracked. Sadly, he could claim not received and ebay would refund all his money as you have no proof of delivery, hence why you should only take cash for collected items. How much did he pay you?

[LynetteScavo]

The fish was alive when he took it off you.

If it died on the way home, that's not your fault.


He obviously thought it looked healthy enough when he took it.

Noway would I give a refund.

[DizzyPurple]

I agree, no refund. He has some responsibility to check it over on collection. i would imagine if it died that quick it may have looked poorly? Either way, who knows what he did with it on the way home. Maybe he dropped it? Could be his fault and he's trying it on.

[pipsqueakz]

I did state cash on collection but he had paid already via paypal. £38 in total.
I agree with LynetteScavo but feel for the guy. I am too soft! Just had a hell of a day!
I'm worried its gonna back fire on me.
I dont know where i lay regarding consumers rights and all that! So confused!

[fergoose]

you should have refunded and asked him to bring cash really. Has he sent you a photo?

[pipsqueakz]

Just had a reply this is after he told me it dies and i ignored the problem other than told him fish were healthy no problems my end but heat and move may of stressed them wasn't a health issue on my part.
This is the email i just received.

"Hi,
Yes the trip back was fine and very hot so that combined with the stress has done the job.
Many thanks for holding ALL of the fish for the length of time that you did it was much appreciated."

Hmmm!

[pipsqueakz]

no photo never selling fish on ebay EVER again!!!!!!

[rockybalboa]

Huh? He's accepting that the fish had a hot journey back and were stressed by being moved? Not your problem...

[pipsqueakz]

Husband just said something valid!
We put in listing that its the winners responsibility to provide suitable container to transport fish and regarding the proof that he got the fish we have emails arranging collection and the email to say the fish DOA and that it was hot weather etc tells me that he holds himself responsible for the issue. And he says its happened before with FOUR other fish. If I knew it had happened before we let the fish go we would never of sold them to him.
Feeling a bit easier now.
Also if he really wanted to get funny with us we would actually ask for the fish to be returned and we will get an autopsy from the vet!!

[fergoose]

well - you can write what you like on the listing, but if the buyer opens a not as described case the chances are ebay would refund him.

[pipsqueakz]

OK well thank you all for your input :) sorted it all with the buyer.

[sarahtigh]

it is very hard for seller to win a not as described case

for future reference cash only for collection as ebay will accept nothing but tracked delivery as proof of delivery not a singed receipt or photo of buyer with goods etc, if it is a lot of money like for a car still insist in cash and do the transaction in the bank so buyer hands money to cashier who will check amount and genuineness of bank notes

s

[lljkk]

What's the outcome, Pips?

[pipsqueakz]

He agreed I wasn't to blame didn't expect a refund didn't want a refund but I did argue with him that it was only fair I gave something as the fish died on route. If it was more than 24hrs later I wouldn't of offered a refund but I did a partial refund. These things happen unfortunately. Husband wasn't happy I have partial refund but my conscience is clear if nothing else. Thanks all for your advice.

[pipsqueakz]

I also hope he has learnt his lesson as this will be his fifth dead fish episode! I will no longer be posting listings for fish for sale via eBay.