eBay case opened - advice please!

[Starfishkiss]

I sold an item recently on eBay (for far less than it should have gone for!) and after nearly 2 weeks the buyer came back to me saying the item has some marks on it and is therefore not 'brand new with tags' as was described.
I responded explaining that it is definitely not used (I received it myself as a gift), that I sold the item in completely good faith, but I recognised that there was a mark on one part of it as demonstrated in one if the photos I had included in the sale advert.
I subsequently didn't hear back from the buyer until today when I received notification that a case has now been opened against me with him requesting a partial refund as the item was 'not as described'.

I don't use eBay much and so wondered if you could help me with a few questions I have:

1. Will I automatically get bad feedback as a result of a case having been opened, regardless of whether I give the refund or not?
2. Should I try fighting the case, saying that I included a photo of the mark. (I have heard EBay often side with the buyer?)
3. Should I just give the refund and be done with it?
4. If I fight the case and lose (I don't know how these things are actually decided though!) will it look awful on my ratings?

Please help me decide how to sort this out!

Hi, I'm relatively new to selling on ebay but would advise you to pop over to the ebay section on mumsnet- it's under the "in the club" heading from memory.

There are some really helpful posters on there, several of whom have extensive experience of cases, feedback etc.

I suspect that they will say this guy is trying it on, asking for a partial refund after such a long delay. They will probably recommend you tell him to return the item (which he has to do by trackable delivery) for a full refund. They'll also advise you to keep things as polite as you can, as unfortunately he can leave you feedback at any point.

Please do post in ebay section, they're all much more experienced than I am, but I didn't want your post unanswered

sounds like they have worn it and now no longer need it

all you can do is tell them to return at their expense for a refund

you will only get bad feedback if the buyer wants to leave you a neg

do not refund until the item is returned in the condition in which it was sent.

Excellent, Sandy was one of the experts I was talking about!!

One quick question - as well as posting photo of mark, did you comment in the description that it had a dirty mark on it? This may be your saviour!

Brand new with tags indicates excellent condition, as if you as a buyer would have bought it yourself today. So unless you specified that the item had a mark (A Photo is not enough, IMO, as they can be pretty crap and one might not notice unless it's mentioned somewhere), I would side with the buyer. It's not as if you thought the item was perfect and now the buyer is saying there is a mark - for all you know that could be a scam to get a partial refund - you knew it had a mark, so I think it's fair enough, really.

They have to return the item, at their cost, then you give the refund.

Oh and I'm quite a big buyer on ebay.

I would have emailed you too (and bear in mind it can take a week or two just to receive the item, so it's really not that relevant that you only heard from him a couple of weeks after you sold it), and if I got an email to say that you recognised there was a mark, I would probably take that as agreement to offer a partial refund. Then I would go ahead and request it, which automatically opens a case. Alternatively, if you replied to say that yes there was a mark but you had posted a photo, I would still have requested a refund, as unless you actually mentioned it in your listing description I would argue that 'brand new with tags' indicates as new condition, as you would expect when buying it yourself from a shop.

It's always best to be very clear if there is any issue with the item, esp if you have described it as new.

I think you should just refund, tbh.

if they return it you will have to refund, but a partial refund - ebay will not grant that, it is up to you. And you could refund partially and they will still neg or demand more. Many sellers will not entertain a partial refund ever - refund for return or nothing. Some buyers will claim damage and demand a partial refund after suffering from buyer remorse and just wanting to claw back some cash.

Are you only selling as a hobby or are you planning on selling a fair bit?

Perhaps don't agree to a partial refund, esp if ebay doesn't honour those - you could always say, I will have it back, then. And give him a full refund. You won't have actually lost anything but postage fees, and you can just sell it again and hopefully make a bit more on it next time round.

Thanks so much for all your messages! In answer to some of your questions I only sell on eBay a couple of times a year so perhaps I'm not as savvy as it appears you need to be about should or shouldn't be written/photographed etc :-(
I felt I had to select 'Brand new with tags' as out of the three options in that drop down box that option suited it the best as it does still have all it's tags on and I haven't used it. You are probably right that I should have explicitly mentioned the small mark in hindsight.
The buyer himself requested the partial refund, it wasn't something I suggested, - he has asked for about half the money back.
So if I do give him his partial refund as he requested could he potentially then come back asking for more as eBay doesn't endorse this option?
Sorry to sound stupid, I just don't do this much and so am just trying to do what's right (but not get screwed at the same time!), thanks!!

once a case is closed and he has accepted a partial refund no further case can be opened, but they could still neg and trash your stars. I think a 50% refund is far too generous - I would ask for return before refunding in full tbh.

Thanks for your help Sandy. When doing a full refund do I refund his cost of posting it back too?

well ebay cannot force you to repay his return postage, but you can give it back if you want to.

I have had sellers refund my return postage as well, but that's usually business sellers, where it makes sense to do so in order to foster good customer relations. I don't think that's necessary here, as you are only a hobby seller.

Thanks so much everyone

I agree with Sandy that 50% is too much to ask for back. I would apologise and offer a refund on return of the item. If they give you a neg just leave a calm reply such as "full refund offered" most people know you get a few awkward buyers on ebay. Err on the side of caution when describing an item and mention any slight defects. Don't worry about it, tbh I think the buyer might be pushing their luck asking for that much back. Just refund and be done with it.