If you were Ebay who would you side with here?

[SmilingandWaving]

The item in dispute is this

The buyers case is this:

The seller classified this pushchair as being suitable from age 6 months+. I bought the chair for my grandson who has just turned 3. However, I found that the chair would not push and on looking into the make of chair that this is, found that it is only suitable up to a certain weight and up to 3 years of age. When I contacted the seller, she was most unhelpful and said that she would not take the chair back or refund my money. Thinking that I could not do anything about this problem, I donated the chair to a local charity shop, giving details of its suitability which I feel that the seller should have done with me. I would like ebay to contact her, advising her in future to be sure that she lists items properly as I feel that in this case her description is misleading. I would also ask you to please add this information to the comment she has made on the feedback she left for me, where she states that I should have checked the suitability of the chair before purchase. I interpreted the suitability of the chair from her description which does not mention the fact of weight and age limitations. If she had stated this, then I would not have made the purchase.

And the sellers response was this:

I reject the claim that the item was listed inaccurately & that the description was misleading. As advised by Ebay I checked completed listings before starting the selling process & came across items listed with a minimum age only, exactly as mine was. There was no prompt from Ebay in the ?Item Specifics? section of ?Create listing? page to allow for a maximum weight to be entered. The box for age suitability has ?from birth?, ?from 3 months? & ?from 6 months? as options, I selected from 6 months as this is accurate. The buyer shouldn?t have assumed it is suitable for all ages over 6 months as that is absurd. It is reasonable to suggest the buyer should have researched what would suit her needs before buying as they were clearly very specific & she is blaming me for failing to do this. Pushchairs are made for babies & toddlers, not 3 year old children. As the buyer no longer has the item & paid in cash after seeing it in person, I am unable to refund her & don?t think there is a case.

If you were Ebay then who would you agree with here?

I'll let you know if I'm buyer or seller after a response as I want someone unbiased to tell me who's being unreasonable here. Thank you.

Seller definitely.

I initially refused the refund because I feel I wasn't at fault and I'm trying to sort through endless rubbish before we move so didn't want the hassle of getting rid of it again. Now I can't refund her.

Nope, you're in the right.

Well when I first read this quickly I assumed wrongly you were the buyer and thought how unreasonable. Absolutely side with the seller. Even worse if she looked at the time and thought it was great. Some people!!

I did have to stop myself from saying 'he's 3 FFS, make him walk'

Although morally I side with you, technically I side with the seller. The information she has provided is correct, she just hasn't provided more information that is strictly necessary. The more she gived details of what the product won't do the more she narrows her potential market. As the buyer you should always remember caveat emptor - 'buyer beware.' If you require further specific information it is your responsibility to ask for it before parting with your money.

I still think she might have refunded you as a goodwill gesture for the sake of a tenner - it's not worth the bad feedback. But she did nothing wrong, strictly speaking.

HillyWallaby I am the seller.

You are right and you can call up ebay help desk and they will call you back, if you explain it all to them ie - she looked at the buggy before givibng you cash and that she has apperently dontated it to charity so cannot be refunded by returning the item. I am pretty sure they will close the case. I find it is much better when you speak to someone at ebay.

I'd say you as the seller are correct.

I didn't know I could do that, thank you mrswee

If I were you i would escalate the case now

eBay cannot force you to refund because it was not paypal. The worst the buyer can do is leave a neg.

Oh I'm sorry! I only read the first half of the post! Anyway, ultimately I side with you.

Seller. Who pays any attention to upper weight limits on buggies, anyway? (Okay, just me who doesn't care, but then I let my 7yos hop in for a ride occasionally, with no shame about it either)

They have already left negative feedback (I lost my 100% positive ) and I put a note under saying that they failed to check it was suitable.

I was worried I would lose the money and the pushchair if they won the case, £10 is actually quite a lot to me. Is that not the case then fergoose?

What will happen if I escalate the case?

nothing can happen if you escalate the case - there is no paypal payment to refund and if there was eBay would make sure the buyer returned it via trackable means before the money was given back, so get it escalated now then get onto live help and ask them to remove the negative - they may well do.

What does the neg say - does it break any rules so qualify for removal?

Ah sorry, just skim read it. I think you came across fine.

I hope it goes in your favour.

It said:

'Item not described correctly. Seller refused to take it back and give a refund'

I don't think it breaks any rules but it's certainly not true.

Thank you 5inthebed

Sorry, I know £10 is significant from a certain perspective and it is essentially a moral issue anyway - I would be fuming too.

Ebay would require the buyer to return the item at their expense to qualify for a refund, and as she is unable to do this, they won't refund her from your account.

However they may initiate what is called a no fault refund where they basically pay out for the buyer's benefit and you also keep your money. They only do this with relatively low value items where there has been no fault, I suppose.
You might get that. But if so you won't lose out - the buyer has to prove return of the item with a tracking number if she is to have a refund from you, or else get you the seller to confirm you have received the item back, or she will not get her money.

HTH, sorry, I only just remembered the procedure. So even if they find in her favour (they are based in the Filipines I think, but still know something about buggies I would imagine!) then you won't have to refund her unless she brings it back to you.

Her wanting a refund is just so totally out of order. So you buy something from M & S. It doesn't fit or look right or even falls apart . So you give it to charity and go back and try and get a refund. It's crazy. Persevere with ebay because you are in the right. I would go look through feedback for this buyer. Can't see she is in any way a reasonable person.

Buyer is being utterly ridiculous! I often put up a link to the manufacturer's website inviting bidders to check out all the details there, then they can't cause a stink if you miss out a bit of the detailed specification.