Buyer has returned item but it stinks of smoke - can I withhold refund?

[SometimesIHateEbay]

I'm a private seller. Buyer wanted to return item as it didn't fit, I accepted although I say no returns as I thought eBay now make you do it anyway - and at least this way the buyer pays return postage.

I've got the item back and it stinks of smoke. Unless I can get the smell out, I can't resell it as it still has the tags on so I can't wash it (it's clothing).

Can I refuse the refund? Or do a partial refund? The buyer has already left positive feedback so I don't have to worry about them leaving negative feedback. Any advice appreciated.

The buyer has damaged the item, so you cannot accept it back.

Glad...... that’s incorrect.

Unfortunately you have to refund. If you don’t eBay will force the refund and you will get a defect on your account.

It sucks but unfortunately that’s the way eBay works.

Try hanging the item on the washing line and you should be able to air out the smoke smell.

Thanks. It does indeed suck!

Airing and Febreeze? Sounds rubbish though.

Yes I've aired it today and I think it's getting better. It really made the room smell of smoke though, just getting it out the parcel.

It does put you off using eBay though, it's so stacked against sellers.