I refused to refund. am i right or is buyer?

[salempickles]

Sorry if this has been done to death but only recently started selling on ebay, sold a topshop dress for £28 last week, sent off recorded no probs, then get an email from ebay last night saying buyer wants to return the dress as not as descried (it wasnt a dispute or case just an email).

i entered my bit saying no i dont offer refunds and the email said it had been closed (not sure what was closed as i said, it wasnt a case opened). i then had an email this morning saying she had tried the dress on and it was too big on the shoulders(???). told her sorry but im not a shop and dont offer returns, then suggested she sold it on herself or alternatively took it to a dressmakers, part of me thinks shes worn it over the weekend and now doesnt need it and is tryin it on, but ive never heard such a stupid excuse, surely its not my fault it doesnt fit her and im right not to refund her.

I believe it depends if this is something you have bought in order to sell (ie you're a business) or if this is a used item from your cupboard that you're just selling (individual private sale)

Im not a business, just me making a bit of extra money

i did say that to her to be honest that im not a business and it would probably be different, not a reply as yet from her though.

Nah, that's cheeky, if I've ever bought something that didn't fit from ebay I've just sold it on, it's the risk you take. Caveat emptor and all that....

trouble is she can open a case with eBay and return t for a full refund - you can't really refuse returns.

A case will be a black mark against you and you risk neg feedback also. You are probably better telling her to return for a refund in the condition in which it was sent to be honest.

fergoose - can't she only do that if the item was not as described or is faulty? If it just doesn't fit I don't think she has any comeback, especially as OP stated no returns originally.

(Also, I've had a couple of cases that have been raised and dealt with and there have been no black marks or negatives as a result.) Also, if the buyer leaves negative feedback unfairly, you can have it removed.

you only have to offer a return and refund if it's faulty.

be very wary of this, as there's a chance she might try to unravel the seams in order to get it faulty.

That is the trouble though she could damage it on purpose and then say it is faulty and get a refund. Far better you tell her to return it and refund and relist before she gets shirty

In future it may prevent problems if you list items with lots of measurements in cm & inches, I often give inside sleeve/leg, waist, chest, etc. UK size or age range on tag may be useless.

By law you have to give her a refund if she wants to return the item. Read ebays selling policy.

I had a look last night and thought on the selling page near the bottom there is a box you can check to say if you accept or dont accept returns, i checked it so it reads that i dont, ive bought quite a lot over the years off ebay and never once dared to send something back just because it didnt fit. when listing i did list the measurements, just the shape of the dress hangs off the shoulders slightly so is probably why buyer found it so big on top, still not my fault though.

fergoose i have the email still saying the only reason she wants to return it was because it was too big on the shoulders, nothing mentioned about anything physically wrong with it, surely if she opened a case now it would look dodgy but id still have this as proof in case i needed it wouldnt I?

no her email would not be taken into account by eBay as far as I am aware. And she could just argue the 'damage' was discovered later

i don't think it is worth all the stress is it? Just tell her to return it in the condition in which it was sent for a refund - you might find she doesn't bother anyway.

That gave me the fear, I had to look into this. Ebay states:

"If you've bought an item and you want to return it, you need to determine whether you have purchased it from a private or a business seller. To find out, go to the item page and check the seller information on the right. Read more on returning an item

If you bought from a Business seller, you have the right to return the item for a refund or the right to cancel. The link "Return an item" is available for 35 days after the transaction. Instead of the eBay Return Process, business sellers may offer their own return policy. If that's the case, please contact the seller.

You usually have up to 35 days after the purchase to request a return. In respect of most Buy It Now items, business sellers are legally obliged to accept a cancellation. You must let them know within 7 days of returning the item.

Private sellers are not required to accept your return request if the item matches the description. However, they may voluntarily offer returns."

I'm glad this is the case, and if this ever changes I'll stop using eBay completely - it's hard enough selling on there as it is without having to faff about returning things to people who chop and change their minds.

Her email won't auto be taken into account but I would certainly copy and paste if required.

This is why I hate eBay now

well I have never lost a not as described case, private or business seller, so i again would advise you tell her to return for a refund - it really isn't worth digging your heels in on this one I don't think.

The buyer could write anything in the case, she could damage your item and send it back to you as a dishcloth - it really isn't worth the hassle or upset is it?

Sorry, that only applies to businesses... my mistake.

Its not worth the hassle of getting a negative feedback or her opening a case against me damaging a dress i could probably sell again, but its just the principle of her asking for a refund just cos she is a different shape to the dress and its not really my problem that she is.

I think ill just ride it out until/if i hear from her again, i agree though, if that was the case i would give up ebay, i could potentially send 10 items out and then have to return and refund all 10 items if that were the case.

thanks for all your help

Forgot to say i changed my name last night so im still the op!!

as a private seller you could say as the item is as described but you just want to return and i will refund item cost but not postage, that is a perfectly legal position

please note even if a business if you buy in auction format rather than BIN you do not have same rights to return

if she asks again ask her to return item then refund item cost of she queries postage say you never agreed to refund postage, if she raises a case and wins you will have to refund postage

I have listed items as "Absolutely this is what it is as near as I can understand, sold As Is, & no way I will take returns" there are ways you can describe that give buyer little justification for returns. Purchase price sure to be quite depressed as a result, though.

most private sellers terms will not wash you can not say things like

" I am not responsible for items lost or damaged in post but will forward certificate of posting so you can claim"

no I will claim you will refund and you will use certificate to claim from post office anyone who raises dispute ebay will find in buyers favour

even when you select no returns it quite clearly says sellers may have to accept returns in case of items not as described and if buyer says not as described absolutely no point whatsoever in arguing just agree to refund when it arrives and you have checked your security marks ( stops scammers with high tech goods sending back a different broken item)

I would just agree to return save yourself a dispute and aggro

I have noticed more and more sellers stating not responsible for loss or damage, I thought it strange I assumned that the seller would refund and then they would have to claim back from RM is that right?

Yes that is right - they are responsible for loss or damage - it is in the t&cs they signed up for

the only thing you are not responsible for as seller is if you send things abroad you are not responsible for customs fees charges or delays caused by these

you have to get item to buyer in "as described condition " if it breaks even if porcelain/glass you still have to refund if it is a water damaged book/clothing as left outside still your fault, should have been in plastic mailing bag

it does not matter what seller says you claim its damaged they refund they try and claim back off royal mail or courier

if you pack properly very very little breaks, i have ebay business and sell some china, i know if it breaks i have to refund so i pack carefully, occasionally even with greatest care the odd item might break its business I just suck it up