Aggressive buyer claiming item not as described

[tierneyr123]

I've received a refund request from ebay relating to the sale of some flourite semi-precious gemstone beads. The buyer purchased seven lots of 25-all I had left in stock. I described the colour as ranging from darker purple through to lighter purple, with some green in some beads, and that no two beads shared the exact same colour pattern, and also that the shape of the beads might differ slightly as they are a natural material. The buyer included quite an aggressive message in the refund request, claiming that they received beads in all colours of the rainbow and different sizes, nothing like the photo, and demanded their money back.

I was a little taken aback by the tone of the message, but following the prompts, I selected the 'full refund on receipt of returned items' option, then followed up with a message apologizing for their unhappiness. I also stated that the beads they received were the same as the beads in the listing photo, and politely repeated my description of the colour, as I thought to myself they had not read the listing description. I said I would be quite happy to refund them when I received the items back.

Next, the buyer sent another aggressive message (actually 10 identical messages, sent over two hours while I was at work) demanding a refund for the 'seven packets of 26', and claiming that they were missing three packets, even though they had purchased the only seven lots I had in stock. They claimed there were no purple beads at all, please refund, and if you want the beads back, send a prepaid envelope.

My follow up message repeated that I was happy to refund, but couldn't send a prepaid envelope as the buyer is located in the US. I gently reminded them they had purchased seven lots, and repeated the colour description. For my own piece of mind, before I package and post items I take photos of them with the addressed envelope, so I was able to send this buyer the photo of their seven lots of beads on the envelope with their name and address.

I've now received another message saying the buyer refuses to post back to Australia, and that they have thrown the beads away-suspicious given they wanted a prepaid envelope yesterday. I'm not sure whether the buyer has confused their purchase from me with another purchase (my beads seem to have reached the US very quickly), or if they are scamming me. Any advice?

[harley_babes_hoard]

if they are not willing to send back then tough luck. If they open a paypal dispute for item not as described paypal with tell them to return them. The only worry now is the new ebay money back guarantee in which you will be made to pay the return of the beads yourself if they find they were not as described. When were they sent?

Don't email back just wait to see what their next move is.

Sounds like a scam to me

[kopenhagen5]

Don't refund until you have them back. You are probably going to receive a neg no matter what you do.

If they open a case in PayPal, they will need to return via trackable means.

I don't think you will see them following it up, you may get another agro message or two or they may suddenly get your lot having confused orders.

Add them to your BBL and tick the box to block communication although that will take time to take effect as you are in a trans with them.

If they did get your beads, sounds like a customer you can never please. 

[i-love-my-sheep]

I received a message a couple of months ago from a very digruntled buyer and she fair ripped up me. I offered her a full refund on return of the items and she said that she couldn't be bothered going to the PO to post them back and how horrible I was taking advantage of someone who is on a carers pension (apparently I'm a mind reader too - she can't be doing too bad on her pension, she spent nearly $100 with me). In the end I have her a partial refund and at this stage, she hasn't left any feedback.

Some of her messages were horrible the way she was speaking to me, accusing me. I felt like reporting her to eBay, but what was the point? She hadn't actually opened a case against me, just sent me a very agressive message.

The last week, I received a very pleasant message from a buyer who said the item I sent had a crack in it and she wanted to see how I handled it before leaving feedback. I assumed that it must have broken in transit. I gave her a refund and I received the item back yesterday (I couldn't find any cracks). SHe left me glowing feedback and didn't trash my stars.

I looked at your ad for these beads and as far as I can see, your description is fine. You have described what they are. Various shades of purple, some with hints of green and some almost clear. Sizes and shape might vary slightly due to being a natural mineral. As a collector of minerals, I have fluorite in a whole range of colours, including almost clear. 

I wonder whether your buyer being in the US has no idea how big 6mm is and may have been expecting something much larger, but is blaming colour to claim a not as described as opposed to change of mind? As they have opened a case, I would fight it. PayPal should make them return the beads before they get refunded. 

I would also insist that the buyer send a photo to you so you can try and see what her problem is  (but really so you can compare it to your photos). I highly doubt she would have thrown them out.

Others will probably have some better advice to offer. 

[tall_bearded01]

The new money eBay Australia guarantee is not in issue here because it only applies to transactions where the goods were sold on or after 1 November. However, as the buyer who bought the goods is in the US, the US eBay policy applies with your (the seller’s) safety net being Financial Ombudsman Service.

This is how it works. The US policy requires that, unless the item doesn’t have an intrinsic actual value, to get a refund the buyer must return the goods.

Now I assume that the payment was made vide PayPal and as such, I would right now, be on the phone to PayPal putting them on notice that, the goods have an obvious value, and as such, unless the goods are returned to you in the same condition as they were when sent, you revoke all previous authorities for PayPal to deduct the funds from your account in connection with this transaction, and, if they do deduct the funds before the item is returned, you will immediately lodge a complaint with the Financial Ombudsman Service.  I would then follow that up in writing

I would also send a simular e-mail to eBay, placing them on notice that should they approve the buyers claim without the requirement that the item be returned, you will lodge a complaint with both Consumer Affairs and the ACCC.

That is, what you are saying to both is, you are happy to comply with your obligations under the user agreement, but only if they require the buyer to do the same.

And just for completeness sake. If the buyer does return the goods, make sure the package is opened in front of an independent witness. Then, if the goods are not the ones that were sent, photograph them in the presence of the witness, and then get a JP to certify them. Then simply send the certified copies of the photographs to PayPal with a demand that they reverse the transaction including the cost of the return postage, and if they refuse to do, back to the Ombudsman.

[tierneyr123]

Thank you everyone for your responses  

These were posted on 23rd October, and I received the refund request on 1st November, Melbourne time. This is a seven working day turn around, a little faster than I've normally experienced with postage to the US, but within the Aus Post estimated timeframe, and stranger things have happened.

I definitely won't be refunding anything until I have the beads back, my understanding is that there is no obligation for me to give a refund unless the (correct) items come back to me. My feeling is the buyer is bluffing, in which case they won't want to return them as they'll be proven wrong, or else has confused their purchases. Her insistance that there is no purple at all in the beads in simply untrue, and I've demonstarted this with the photo I sent her - although I suppose I could have theorectically switched the beads before posting them, but why would I, and risk this kind of complaint?

The messages I've received so far are really quite brutal, and she is totally unreasonable. I work in customer service and have dealt with angry, unreasonable people many times, but this is actually quite upsetting. She's been offered a refund, so I don't know what else she wants. Is it worth involving eBay? At this point, I'm not sure how to end the dispute if she won't return the beads. 

Thanks again everyone.

[phorum_junkie*]

I think it was a mistake to agree to taking them back, it almost means you agree they were not as described and if that is so then you do have to pay for return postage if you want not as described goods back. I would have disputed the claim stressing the wording that says they are different colours and sizes and also that the buyer agred they were received in full and now they say some are missing.

[tierneyr123]

Forgot to say, these were paid for with PayPal, but the refund request has come through the US eBay site. When I look at the request now, it states that eBay have contacted the buyer and asked them to ship the items back by 10th November, and not to refund her until I receive the items back. Also, if I do contact eBay, would it be eBay Australia or US eBay?

[i-love-my-sheep]

Just out of interest, what's her feedback left for others like? Does anything in there suggest she has a history of this?

[tierneyr123]

Yes, actually. I noticed when the sale was made she had feedback of 1200+, 99.4%. Funnily enough, she has some negative feedback from buyers of her own relating to items not as described...