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Original poster

Buyer demanding refund

30 replies

emj23 · 28/01/2008 16:53

I bought a pair of shoes off eBay which didn't fit me. They were brand new and had literally been tried on once. I then sold them on to someone else. This person has now contacted me to tell me that they've fallen apart and that I have to refund their money as I mislead them in the listing. This isn't true - they were new and I sold them as such.

Are they right about the refund? I didn't actually MAKE the damn things, so is it my fault they've broken? Does anyone know what the rules are on this?

OP posts:
DarthVader · 28/01/2008 17:01

I think that as the seller you are responsible that the goods you sold are fit for purpose. If they immediately fell apart then I think you probably do have to refund the buyer in law. However, she would have to prove that this was the case and that they fell apart after minimal normal use.

If they buyer paid by paypal then paypal might reclaim the money from you.

IS the buyer trustworthy, do you believe what she says?

bubblagirl · 28/01/2008 17:01

well how long have they had them? shoes dont generally just fall apart as soon as you put them on

you could ask for photo of damage to shoes

but technically yes it would be down to you to refund as if they are staed in good condition and they have fallen apart its technically misled them

i would want proof of damage first if you know they were in good condition before refund is issued

but yes it would be down to you as you sold them as new and if they are damaged you need to refund there money

bonkerz · 28/01/2008 17:04

personnally i would ask for the shoes to be returned and then refund the original payment.

hanaflower · 28/01/2008 17:07

This reply has been deleted

Message withdrawn at poster's request.

Original poster
emj23 · 28/01/2008 17:08

But I don't see how I've actually misled them in any way. They were in perfect brand new condition when I sent them. How was I to predict that they would break after two weeks? I have offered to refund half the money because I don't want horrible things written all over my feedback. I'm waiting now to hear if that's okay with them or if they want more than that.

OP posts:
Justine888 · 28/01/2008 17:08

Has he/she left you feedback yet on eBay?

TigerPants · 28/01/2008 17:08

Exactly.
Insist they refund them at their own cost.
If they truly are badly damaged, then refund them.

sixlostmonkeys · 28/01/2008 17:09

not sure about this one tbh.
if they are new then they can't get you for item not as described.

If they only wore them once or twice then maybe they have an arguement. How long since they bought them? Ask for photos of the damage and also of the soles so that you can see how much they have been worn.
I doubt paypal would auto refund for this.

If a dispute was opened immediately and they could prove only slight wear then maybe - I'm sure paypal would need to see photos too.

bonkerz · 28/01/2008 17:10

if its been 2 weeks then i would say you are not eligibale to be honest. They would have to prove the shoes arrived in bad condition and if that was the case they SHOULD have contacted you BEFORE now. Do you have pics of when you sent them?????

sixlostmonkeys · 28/01/2008 17:11

2 weeks? they may have been jogging up and down the M1 for 2 weeks for all we know.
i really don't think you are responsible for this.
no you havent mislead in your description.

don't worry about feedback - it's a little dot on a screen - money is money

lazarou · 28/01/2008 17:12

I would apologise, say you had no idea and refund the buyer.

DarthVader · 28/01/2008 17:12

You are not allowed by law to sell items "not fit for purpose" and ignorance is no defence! Clearly you acted in good faith but that is not enough in law.

Original poster
emj23 · 28/01/2008 17:12

Yes, I have the photos that were in the listing which shows they had no damage to them at all. I just don't understand why this person has turned nasty.

OP posts:
lazarou · 28/01/2008 17:12

oh, two weeks hey, that's a bit suss. Contact ebay, ask them.

DarthVader · 28/01/2008 17:13

What make are these shoes by the way?

Justine888 · 28/01/2008 17:15

At the end of the day, eBay wont care what she says about you. They refer disputes to paypal (if thats how she paid you for the shoes). Paypal give you a month to hopefully resolve the issue between you.
Depending on the wear and tear she/he's inflicted on the shoes, I dont think paypal will give two hoots.
If she's already left positive feedback, I dont know if it's possible for her to change it to negative feedback.
How reputable a buyer and seller does she seem. How many transactions has she made (buying and selling)? Does she seem like a good eBayer?

WiiMii · 28/01/2008 17:16

This reply has been deleted

Message withdrawn at poster's request.

Flllightattendant · 28/01/2008 17:16

Emj, the first thing to do is get evidence - ask for details of how it happened, how long after they received the shoes, if they were happy with them when they arrived - and of course photographs.
Once you have all this you can make a decision based on the evidence.
Some people will try it on - it's possible that the buyer wore them and got pissed and the heel snapped because they fell over, or something like that - also that they bought them to replace a pair they already had, which had fallen to bits, and that's the pair you'll get back iyswim...
Never assume and never trust anyone on ebay unless you know them well.
You do not have to refund unless it is genuinely your fault - well, paypal might find in their favour but that's another story.
Have you seen pictures of the damage? How long after you sold them did they contact you?

sixlostmonkeys · 28/01/2008 17:17

darth - if they were fit for purpose when they arrived and were as described then the buyer has no comeback on the seller.

this 'ignorance is no defense' is a bit harsh!
It's ebay. It's a pair of shoes (sold as described)

Flllightattendant · 28/01/2008 17:17

Item number please Emj! (it helps us decide for you)

bonkerz · 28/01/2008 17:19

I really dont think this is OP fault. This buyer has had the shoes for 2 weeks and none knows how much she has worn them.
If i bought a DVD and 2 weeks later found it scratched then SURELY it doesnt mean i should have a refund.
If the OP is confident she sold goods that were in near perfect condition then it should be donw to the buyer to give some evidence that the shoes were damaged ON ARRIVAL and not 2 weeks later. If OP has photos to PROVE the shoes were in good condition and she has the proof that its taken 2 weeks for buyer to complain then i think you need to dig oyur heels in and ride the storm.
Email ebay and ask for advice.

lazarou · 28/01/2008 17:21

How much did she pay you for the shoes emj?

DarthVader · 28/01/2008 17:22

oh sixlostmonkeys that's not my own opinion, it's what I think the law is.

If they fell apart after minimal wear then by implication they were not fit for purpose when they arrived - they just appeared to be. (If indeed the seller is telling the truth) I think this situation is v unfotunate and that the law is harsh on the seller.

Justine888 · 28/01/2008 17:23

I agree SIXLOSTMONKEYS.
"Buyer beware" and all that!
Its a woman on eBay for gods sake thats sold the intact shoes - not a retail giant.
That buyer must have been slamming her big hooves into those shoes and giving the pavement a battering. How do you know the person didnt buy a size 5 shoe when in fact she was a size 7 and was squeezing her digits into the shoes like one of Cinderella's ugly stp-sisters hoping they'd stretch a little bit once she'd worn them a few times?
Sounds dodgy to me!

Original poster
emj23 · 28/01/2008 17:24

I have now emailed eBay. The buyer's message says that they arrived in perfect condition (I asked if it's possible that they could have been bashed about a lot in the post) but that the heel came off as she walked down the street. Seeing as how I could not have predicted that, I think I'm being quite fair offering half her money back. I shall have to wait and see what eBay say.

OP posts: