Help! :-( quick advice needed before buyer opens case or demands return

[alltoomuchrightnow]

I sold a lovely vintage nightgown, v good classic british name.... it was a 'buy it now'. I hadn't updated the listing with the measurements, which i know is a 'mistake' of mine but i was about to do so just minutes before someone bought it. I did put in the listing -

''Measurements to follow but is labelled as 38 i.e. a UK 12''

Person paid, I sent the next day , it arrived promptly and I received good feedback from them. I left same for them.

Now, about a week or so later, they are asking for a return as they think it is overpriced and it is too big for them also. (listing does say I don't do returns unless I've made a grave error in listing. My only error was to not put the measurements immediately of course.. but i did state i would be back with them. I assumed anyone interested would wait or contact me for them before buying).
do i have a leg to stand on here?
I really can't afford to refund them the £15. I lost my job and have no money in my Paypal account.
I guess eBay will favour the buyer as usual though?
I put up several photos, they could see exactly what it was, surely if thought it was overpriced they would've asked if i'd do an offer, or not bothered with it at all? Also , i listed it under the suggested price that eBay suggested
I just think they didnt bother to try it on for over a week and now they have they've decided to 'try it on'. (literally, grrr). But I think eBay will say it's my fault for not listing measurements, ? at least i put the size label. if they were that bothered re accuracy why didnt they ask? also, its a classic traditional 'granny' nighty. they're meant to be oversized! who wants to sleep in a snug fitting nightdress?

also if ebay tries to auto refund them , they won't be able to as there's no money in my Paypal. that will then mean my account is suspended?

i can't even deal with this now but have sent buyer a couple of messages . Should i ring ebay for advice this eve? at least she can't leave me neg FB

No you don't need to refund you listed the size as a 12 & ththbuyer purchased this & left food feedback .
They are trying it on & eBay will not side with them as they already left feedback & I honestly doubt they would refund because the buyer changed their mind .

Send the buyer a polite message saying you do not offer refunds unless the item is faulty & since the item is as you described & they left food feedback then you will not be refunding them .

*The buyer left good

you cannot refuse a return and if they open a case eBay will force you to refund. Writing no returns on your listing means absolutely nothing. Just tell her to return in the condition in which it was sent and you will refund. Is prob buyers remorse but nothing you can do about it. And them having left feedback means nothing and will not make eBay side with you - sorry!

Because it was sold as buy it now you have to refund under the distance selling regs, see here:

Your rights (as the buyer)

"Consumer Protection (Distance Selling) Regulations apply to sales between a business seller and a consumer buyer where there’s no face-to-face contact. The regulations apply to Buy it now and Second chance offers on eBay.co.uk, but not to auction-style listings. Under these regulations you have 7 working days from when you receive your item to request a return and get your money back. This includes postage charges unless the seller lets you know in their listing that you’re responsible for returns postage."

I'm pretty sure Distance Selling regs only apply to business sellers i.e. those registered as a shop on ebay (as it says above), not private sellers selling random items to make some pocket money. Although the OP doesn't say which she is, so if she is selling through an ebay shop then yes DS would apply.

You're correct tops, also applies to sole traders.

i'm a private seller, no shop.. just hobbyist seller

^No you don't need to refund you listed the size as a 12 & ththbuyer purchased this & left food feedback .
They are trying it on & eBay will not side with them as they already left feedback & I honestly doubt they would refund because the buyer changed their mind^

Sorry, but that isn't going to happen. Leaving feedback has no bearing on transactions and can only usually be called into question if a buyer suddenly denies receiving the item.

eBay side with the buyer. Thats just how it is. It matters not a jot whether you are private seller or a business seller if your buyer raises a paypal claim eBay will automatically tell them to return it, tracked for a full refund.

Chances are your buyer will open a not as described case if she's saying it's too big. It's unfair on you as a seller I agree but thats the way these things tend to go now.

In terms of what happens to your Paypal account, it goes into negative figures and you'll need to pay the £15 into it to make it balance again.

it makes no difference if you are private or business or about distance selling regs - buyer will win a case. It will send your paypal account into the red and they will pursue you for that balance. You cannot refuse or make up your own rules - these are the rules of eBay which you agreed to when you signed up.

IF i'd supplied FULL measurements e.g. bust waist hips,.. would she still win case?? wonder if would've made difference.
surely you expect classic old fashioned nightdress to be a roomy 12 not a regular 12 , because who wants to sleep in something you can't move in

is annoying as I'm normally so spot on with full details and all the measurements , merely to cover myself !

yes she would still win a case.

oh that's crap!!! even with the measurements! Surprised by that. For instant... say you sold some skinny jeans size 12. And a slouchy jumper size 12. Do you see what I mean . You'd expect them to be very different sizing but both are still a 12!

I wrote a very polite, rational reply explaining everything but all I got back was 'so can i return it now' grrr

It doesn't matter how it's listed, if it's a Buy it Now listing, the buyer can return with no good reason at all under the Distance Selling Regulations.

she'l have to open a case then. I have no money in Paypal thanks to some unpaid items that I myself have had to open cases for. she'll have to wait for it...there's nothing I can do.
eBay is my only source of money and it's really 'pocket money'..some days it's the difference between eating or not.

why does that apply to BIN and not auction only? so it's 'safer' to list as auction?

no it makes no difference at all. Tell her to return it and then you can refund. You can transfer funds to paypal from your bank to refund her if your paypal account is not in credit.

hmmmm. I just had a look at her 'feedback left for others'. She's a professional complainer and nit picker and has had exactly the same problem with other nightdresses , saying 'size small actually means large' etc on other buys. She also left someone neg FB because her cat, having never seen catnip before, didn't respond to the nip she bought it!

seems to have.., fingers crossed... worked out ok. She opened a case about a return /refund and I actually had the option to refuse the return and to submit a message to eBay (that buyer can't see) explaining why I refuse. I haven't had any comeback on this yet, but have blocked buyer from bidding again. I had a better look at her feedback left for others. Without the risk of sounding ageist (as am going by her comments left, so , factual) I can deduce she is old and poor sighted hence often making mistakes (e.g. buying things twice) and not reading listings properly! I asked eBay to read these comments (to back me up) ; I think she does not understand british sizing, and she has complained several times about her cat not liking things ;-) ;-)

european 38 is more like a UK 10 than 12 really.
Anyway, good luck.

it does seem that ebay has agreed with me as i've not heard any more and she's not been refunded either.

well... I just received this as part of an email from eBay..so it would seem, touch wood, all is well.

0.00%of your transactions had defects
0 cases have closed without seller resolution