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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 says chair broke once he sat on it

67 replies

ebayquery · 09/03/2015 09:04

Sold a chair- antique- and the buyer now contacts me to say the chair has broken when he has sat on it. He says it must have been recently repaired. This is untrue- it's never been repaired in all the years we have owned it.
It was advertised as a chair for a hall or bedroom- it's not the type of chair you would sit on daily anyway.
He is asking for us to collect and give a full refund.
What does anyone advise? If he has broken it then it's not our fault but I have 100% feedback and don't want any bad feedback left.

OP posts:

AlternativeTentacles · 09/03/2015 09:07

Collect and give a full refund.

What's the difference between a daily sit and a rarer occasional sit?

Original poster

ebayquery · 09/03/2015 09:51

He says the back has come away from the seat and says it's been repaired recently- which is completely untrue. It's over 100 years old and hasn't been in use for over 30 years- just as a chair in the hall of my late MIL.

I'm uneasy about it because if he's broken it through mis-use then that's not our fault.

OP posts:

marmaladegranny · 09/03/2015 09:56

If it hasn't been used for 30 years it is quite possible the wood has dried out and the joints are not as firm as they were originally.

Collect (assuming local) and refund - and move on…...

Polyethyl · 09/03/2015 09:58

It's an antique. He owned it he broke it. His problem.

Polyethyl · 09/03/2015 09:58

It's an antique. He owned it he broke it. His problem.

Original poster

ebayquery · 09/03/2015 10:10

It's tricky isn't it? He bought as seen- collected it. Someone who was 25 st might have sat on it and leaned against the back. I didn't offer a guarantee that the chair would never break under any circumstances.
He has the option to repair it now surely?

He is local-ish but still a round trip of well over an hour or more.

OP posts:

TheWildRumpyPumpus · 09/03/2015 10:15

I'm torn here! I think unless you specified that the chair was for decorative use only, you can't blame him for thinking one could sit in it!

But if it's an obvious antique then he must know that you have to treat it with respect and care, so don't let the kids jump all over it, or put extreme pressure on it. Is sitting in it and leaning back unreasonable use?

Anyway, the delights of the way eBay works would lead me to refund him if he returns it. You may be able to get it repaired and resell it if it's worth it financially.

Dumbledoresgirl · 09/03/2015 10:16

I would be inclined to risk the bad feedback tbh. You really have no way of knowing what he did to it the minute he got it home. Virtually any piece of furniture could break immediately if subjected to mistreatment. You cannot be responsible for that!

If an antique has been recently restored, a decent antique dealer would be able to prove that. Tell him to get it certified as recently restored by an antique dealer before you will refund.

What really bugs me though is his insistence that you come and collect it. What if you don't have the means to do that? Surely, if he collected in the first place, it is his job to either deliver it back to you or arrange for a courier.

6LittleOnes · 09/03/2015 10:22

If he wants to return it, it is up to him to return it, you shouldn't go and collect it. But generally ebay finds in favour of the buyer so if he takes it up with them you will have to refund anyway

Original poster

ebayquery · 09/03/2015 10:24

I have spoken to him- always better than emailing. he says the back is wobbly but has not come away. We have agreed to talk again later when he has thought about his options- such as putting a bit of glue in it to secure it- but the 'damage' is far less than his email implied.

If he insists on a refund then he will have to bring it back- we are not driving to him and refunding him the full price.

OP posts:

CantBeBotheredThinking · 09/03/2015 10:25

A chair's main purpose is to be sat on just because something is described as antique doesn't change that. If this chair was not suitable for sitting on and was only meant for decorative purposes you should have explicitly stated that. Since the chair is not suitable for use as a chair you do need to refund, with regards to the collection since this is your error the buyer shouldn't be any more out of pocket so you should either collect or offer to refund his costs to return to you.

Original poster

ebayquery · 09/03/2015 10:38

It's not just meant for decorative purposes- I didn't advertise it as that and it's not the case. I have sat on it before many times and it's never broken!

OP posts:

currentnameinuse · 09/03/2015 12:09

how did he pay and did you deliver or did they collect? Could it have been damaged in transit by courier?

I would ask him to return it and then refund. Why should you be collecting it?

EhricLovesTheBhrothers · 09/03/2015 12:12

How did he pay?

Original poster

ebayquery · 09/03/2015 12:32

He came and collected it here. I wasn't in but DH dealt with it. He lives around 20 miles away. I don't have the time to go and collect and neither does DH. it's not worth the time and fuel for what he paid.
It's a dining room style chair- no upholstery - just a wooden seat and wooden back. I suppose if he had sat on it when he came to look at it it may have 'broken' then. How do you decide if something is fair wear and tear after buying and just bad luck when buying something old? It was sold in good faith as a 'working' chair.

OP posts:

Izzy24 · 09/03/2015 12:47

Could it have been damaged in transit?

Izzy24 · 09/03/2015 12:52

Sorry just realised this has already been answered.

It was in full view when he bought it so I think it's now his chair. End of.

NorbertDentressangle · 09/03/2015 12:53

As it's over 100 years old then surely when he bought it he would have taken a risk, so to speak, that it could be rickety, joints could be loose etc. If it were a brand new chair it would be different but an antique...?? Difficult one.

EhricLovesTheBhrothers · 09/03/2015 12:53

Did he pay cash?

currentnameinuse · 09/03/2015 12:59

if he paid paypal he could claim not received - I hope he paid cash? But he surely inspected when he picked it up and sat on it too?

Original poster

ebayquery · 09/03/2015 14:55

Paid by Paypal.

Yes of course he inspected it- not sure if he sat on it as I wasn't in- DH sold it to him.

If we had tried to pull a fast one and had repaired it and knew it was about to fall apart- then I agree he'd have a case.

As it was, we have had it here for months after my MIL died and we cleared her house. It's not been touched apart from a bit of a dust before selling.

I want to be fair and as I say have over 200 positive feedback - 100% - so I don't want to jeopardise that- but in all honestly I feel he bought as seen and it's unfortunate but not our fault.

OP posts:

currentnameinuse · 09/03/2015 15:00

oh dear - well you are potentially scuppered. Should never take paypal, only cash. Feedback is the least of your worries tbh. How much was it. If he wants eBay to force a refund he has to return tracked to get it. If he wants to not play fair he can just file a not received case and get a full refund.

EhricLovesTheBhrothers · 09/03/2015 15:02

PayPal will refund him if he opens a case. Next time ask for cash.

Original poster

ebayquery · 09/03/2015 15:33

I'd query if Ebay/ Paypal would refund him because he has to prove that we did some kind of repair that we didn't tell him about, which meant the chair was useless from the word 'go'.

I also have his emails / messages which show that he has received it and taken it home- so proof it was received.

I also happen to know- personally- the legal director of Paypal who I am sure will give me a fair hearing.

OP posts:

EhricLovesTheBhrothers · 09/03/2015 15:44

All he needs to say is that it was damaged when you sold it. He doesn't need to prove anything else.
But if you think you can use your PayPal connections to get special treatment then go for it

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