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eBay

If you buy or sell items on eBay, you will find tips and advice on this forum.

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Original poster

buyer wants to return item

37 replies

thereinmadnesslies · 13/07/2012 12:20

I sold a dress on ebay, for £10.50 + postage. The seller has just messaged to say that the dress is bleached at the bottom (?) and wants to return it for a refund. The dress was definitely not bleached when I posted it.

I'm guessing that I have to offer a refund even though I am not a business seller. Do I have to refund both sets of postage? Really annoying ...

OP posts:

80sbabe · 13/07/2012 13:17

If the buyer opens an Ebay case then yes you will have to accept the return and refund them.
The original postage is in the total amount and yes that is refunded upon a return.
You don't have to refund the return postage, however it's usually seen as the mark of a good seller to do so. It depends upon how happy you want to keep your buyer and if you would be concerned about receiving negative feedback for not doing so.

The dress being bleached though sounds a bit strange. Do you have good pictures of what the bottom of the dress looked like when you sent it ?
You could ask the buyer for a photo of the dress as it is now so you can compare the two.

Original poster

thereinmadnesslies · 13/07/2012 14:04

They've not opened a case, just emailed to ask to return the item for a refund. I'm 99% certain that the dress was not bleached, but I took the photos on my ipad so I doubt there will be sufficient detail. I've got 100% feedback and only sell a few things every few months, but I don't really want a negative.

My gut feeling is that the dress didn't fit - it's from Joules but it's not very forgiving and only looks good on certain body shapes.

By the time I refund postage plus the recorded delivery I paid to send the item I will have spent £6 for nothing. Grrrr ...

OP posts:

Original poster

thereinmadnesslies · 13/07/2012 14:06

Just looked through the seller's feedback and she seems to have returned a large percentage of items. She has repeatedly left feedback saying 'thank you for a quick refund' etc.

OP posts:

RachelHRD · 13/07/2012 14:27

sounds as if she is trying it on. I would ask her to send you a picture of the problem area on the dress so that you can compare it with the security ones you took of the dress before posting to call her bluff a bit. I bet she will then let it drop!!

80sbabe · 13/07/2012 14:35

Your gut feeling is probably correct but that still doesn't change things if she opens a case to return it.
I would definitely ask for photos showing the bleach damaged area.
Even if your pics are not too detailed, I wouldn't let on - just say you need to compare them as a security measure before you can move forwards with her issue and see what response you get.

Original poster

thereinmadnesslies · 13/07/2012 14:40

Good advice, thank you. I will try asking for photos and see what response I get.

OP posts:

LineRunner · 22/07/2012 14:26

Can I bump this thread back up, and ask what happened, OP?

I've had a couple of odd complaints like this.

nellyjelly · 26/07/2012 14:13

I have had someone say the same about some sunglasses I listed. they say there is a 10 mm x 3 mm scratch which I really don't think there is. In my ad I put that lenses were scratchfree as far as I could tell.

Do i have to return? I tried to describe them as best as I could and if there is a scratch it is tiny as I didn't see it.

Can i just say no to them?

KickTheGuru · 26/07/2012 14:20

Do you sell them as "new" or "second hand"?

Generally speaking, there is only sort of "normal wear and tear" that would get replaced. For instance, if you bought something from a store and got home and discovered a scratch, it would be up to the shop to replace that since that could have happened when they took the item home.

It would actually be in the buyers interest to say that the glasses don't suit or that the dress doesn't fit - since any damage is not actually up to you to remedy.

Think about if you took a dress back to a store - even to a second hand store - and demanded your money back for a fault in the dress? There are limited (certainly more limited) laws to buying and selling online and your buyers do need to be aware of that.

However, since you can't prove that the bleach was there when you shipped it and she can't prove it wasn't there, it's entirely up to you as to whether you refund or not.

The only matter would be if she can prove that you have deliberately misrepresented a product and that they have received something contrary to what you advertised (Misrepresentation Act of 1976) - I think the year is right but Google knows more than me :)

KickTheGuru · 26/07/2012 14:22

God that was a complete waffle

Basically - its your choice.

It becomes a your word against theirs and unless you have deliberately lied, they can't moan about damages that occur once they have accepted the item. This is why stores say that if you want to return an item, you basically have to prove to them (while its in the original wrapping - hard to do) that you didn't CAUSE the damage and are now trying to sneaky it back.

nellyjelly · 26/07/2012 15:23

I think I will end up with damaged glasses and no dosh! i am well pissed off and believe the seller has scratched them as I don't do returns as a rule.

can I just not pay? i guess I will be blacklisted by ebay but tbh I can live with that.

chickydoo · 26/07/2012 15:35

This is happening more & more
Sellers are really having a hard time on eBay. I sold an almost new pair of trousers on eBay. Buyer took a long time paying.
Then 2 weeks after she recieved the item said there was a hole. There 100% was not. I looked at her profile, and noticed she had my trousers up for sale!!!
I think she had an identical pair with a hole, was trying to sell mine, and was then going to send me the pair with the hole back.
Result was, eBay are investigating her, but I have still had to give a partial refund.
I am not going to eBay any more, it's not worth the trouble.

KickTheGuru · 26/07/2012 15:35

Yep that's what I am saying. It's up to you.

I believe that they would have to prove the items were damaged BEFORE they received them. Which is highly unlikely. They would need to prove that before they received the items and opened them, they knew they were damaged.

Do you have any T&C's that say you don't do returns on items for damages? I mean - fair enough if the item doesn't arrive or it arrives broken (then they don't accept it).

Also, when did they receive the sunglasses / dress and how long thereafter did they complain? Not that it makes too much of a difference - as you say, I reckon they scratched the glasses and the dress is too small.

I would just say that unless they can prove that the items were not damaged by themselves by accident, you don't offer refunds as this makes the items completely useless to you.

fergoose · 26/07/2012 17:09

if a buyer opens a not as described dispute eBay will normally find in their favour - regardless of any terms and conditions you specify in the listing.

KickTheGuru · 26/07/2012 17:14

I would have thought "not as described" is different to "damaged within a couple days of arrival" though?

It's not misrepresented and they would need to prove misrepresentation surely?

Not even big stores offer damage returns?

fergoose · 26/07/2012 17:22

yes but the buyer can lie and say it is not as described in a dispute - and they will get their money back, regardless of whether they are telling the truth or not. As long as they have online proof of the item being returned (or attempted to be returned) eBay will generally refund them their money.

KickTheGuru · 26/07/2012 17:26

Surely ebay has more to go on than a lie though?

Would the buyer not have to prove that the item was damaged upon receipt?

Surely ebay knows that a right to return has certain limits - such as if a buyer damages and returns an item? Would ebay not lose a lot of business if that was standard practice?

KickTheGuru · 26/07/2012 17:26

And would there not be an expectation of time? I think you have 7 days to return an item bought and ordered online.

fergoose · 26/07/2012 18:07

you have 45 days to open a not as described/received case with eBay

No, they wouldn't have to prove the item was not as described, they would just have to return it for a refund.

nellyjelly · 26/07/2012 18:17

What happens if you get bad feedback? Can you not just rejoin ebay as someone new? i am very disillusioned after this experience.

fergoose · 26/07/2012 18:54

yes, you can open another eBay account - you just need a different email address. Many people have 2 or more eBay accounts, I have one to buy and one to sell.

KickTheGuru · 26/07/2012 19:43

Ditch and run nelly

I think your statutory right as a digital consumer is 7 days so ebay shouldn't even be able to legally enforce that.

I can't see how they can just force you to refund someone who may very likely have damaged your goods and then demanded a refund.

fergoose · 26/07/2012 20:07

if a buyer opens a dispute and the seller's paypal account it empty, the paypal account will go into the red, and they will ask the seller to add funds to rectify. If this is not done, they will take it further, debt collectors, etc.

It is all in the paypal agreement which you agree to when you sign up with them. eBay will argue that their site operates on trust, but you will always get people who are dishonest, buyers remorse, etc. Nothing you can do about it reallly.

LineRunner · 26/07/2012 20:57

Kick I entirely understand your amazement at ebay's shiteness.

But fergoose has it right - ebay will normally side with the buyer. Even the most unreasonable, 'scammy-sounding' buyer.

Which is why many private buyers are being put off, and why ebay is changing.

KickTheGuru · 26/07/2012 21:07

That's insane. I find it disgusting because it's against any normal consumer law and internet purchasing.

Not that I don't believe you but I still find it mad :)

I will never sell anything on ebay. Thanks for the heads up (not that I have much to sell. We don't even have a base for our bed!)

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