Buyer wants to return item but I can decline

[MikeUniformMike]

I posted this on another thread but was advised to start a new one, so apologies if you've read it before.

I've had a return request. Buyer says Item doesn't fit and is not genuine.
Ebay suggest various options: Accept the return... Decline the return.
AFAIK the item was genuine but I did think the sizing ran a little small which is why I listed it.
The buyer was a PITA sending lots of barely literate messages along the lines of 'can you send it first thing tomorrow'.
I don't mind running the risk of bad feedback.

I haven't declined (but probably will) or accepted. The item is great and I believe it to be genuine, but was just a bit too snug on me.
The buyer has messaged me that she will be sending it back today or tomorrow.

Do I decline now, or let her send it back and then decline?

I always try to be polite even to people who obviously haven't bothered to read the listing properly. You know the ones - you are selling something that has a definite shape like a box and you list the measurements, but you still get the question "What are the actual measurements?".

I try to describe items clearly and accurately and give photos showing any defects. I'm just trying to declutter and make a little bit of money out of things that are nice but I'm not using.

This has really put me off e-Bay.

Trills these jeans were the exact same style and make and size, so if they were genuine they should fit. Also the fabric was cheap and thin, not like the fabric that designer has, so I knew they were not genuine.

Aeroflot I was typing as you were typing - I was not questioning your jeans being fake at all, just making a general point about buying any second-hand clothes being a bit of a risk.

If you stated no returns then there is no need to accept unless item is faulty. If you get negged for this then ebay will remove the negative anyway as it is unjustified to give a negative for an item with no returns stipulated that doesnt fit.

I've had to issue refunds to people that were not happy, or issue a partial refund to keep the peace.

I suspect that Paypal will issue a refund, maybe with the buyer keeping the item. What a nightmare.
This is the sort of messages the buyer sends me:
"Hi what you cancelled request for I shall be gettin in touch with eBay tomorrow wantin a refund as the xxxxx arnt genuine you givin a false description"

Paypal will issue a refund. What a nightmare. The buyer has to send the item back.

Yes, but they'll refund anyway even if the buyer doesn't!

You have no choice, legally the buyer has 7 days from the day they receive their item to change their mind for whatever reason, unless it's a personalised item or food etc.

If you are selling online you really know this, it's what used to be called distance selling regulations, it's been called something completely different for a while now, consumer somethhing or other.

Distance selling regulations on Ebay apply to business sellers only. Not private sellers

memyself - Olivia is right...... that isn't applicable to private sellers, they're. It obliged to accept a non fault return.

They're not

Aeroflot
I am afraid you do, distance selling laws.

Not true. This only applies where what you are selling directly applies to the trade you are in. My trade is a finance controller so my selling second hand clothes on eBay is not my trade.

If you are selling as a business on eBay then these rules do apply.

The changes in regulations in 2014 do not apply to private sellers on eBay. I had someone who tried to claim that I had to accept a return and I read the regulations very thoroughly.

OP - Paypal doesn't always side with the buyer, I had exactly the same issue twice with a buyer saying that I'd sent the wrong size and they found in my favour both times. I always list a photo of the size label and state in my listing that I am not responsible for items that don't fit - if the buyer is unsure then they can request measurements but they will only be approximate.

I have bought lots of items that don't fit me over the years and have never tried to return them. I just sell them on.

Me too. It's usually shoes. They either fit or they don't. If returns are allowed they go back usually with me having to pay the return postage (thank you woman at post office for ripping me off my insisting that a pair of small light trainers were a Large Parcel when it was a Medium Parcel).

If I buy something listed as no return and it doesn't fit or I don't like it then I sell it on.

Item was returned to me in the same condition. 'Buyer' now refunded.

I relisted the item and sold it for the starting price. Got great feedback. Out of pocket from the refund, got bad 'neutral' feedback from original buyer. V pleased second buyer was pleased.
Not sure if I'll eBay anything again.