Buyer claims item not as described because charger wasn't included

[nessa93i]

Hi there,

I recently sold an adonit pixel stylus and described it as "used: unpackaged but never used" because I'd taken it out of the box but had it sitting in my pencil holder. So I sold it and now the buyer is saying that it isn't as described because the charger isn't included. I listed it as the stylus and the pictures showed only the stylus. What should I do? I never said the charger wasn't included because it didn't occur to me to do so but I also never said it was included. Other people messaged me asking if the charger was included and I answered honestly no. How should I handle this? Thank you!

[clarry100 · Accepted solution]

I'd say it looks like your buyer has made an assumption that was not correct and now are not happy with their choice.

They have not asked the right questions as you say others have done.

Perhaps when you got these questions from others you might have updated the listing to specifically exclude the charger.

But I guess where do you stop listing things that are not included?

Have they opened a formal INAD case as yet?

If they have then I think I would be on the phone to ebay to discuss this with them.

To my way of thinking if the charger has not been mentioned at all then the listing is what it is. ie no charger.

The listing didn't mention any new car not coming with it either. Should they expect one to?

But ebay have to agree with you in order to close the case in your favour.

If they don't agree then I think you are destined to lose the case and have to refund or pay for the item to be returned to you.

When this item is bought new from a retailer does a charger come in the package?

The point is... Could it be reasonable to expect a charger to come with it?

[nessa93i · Accepted solution]

Hi thank you for your reply!

No they have not opened a formal case they have just messaged me saying that it is a problem that it was not as advertised and doesn't fit their needs but I'm not sure if I'm obliged to offer a refund and/or pay for shipping or to argue that it was listed correctly.

When bought new with packaging the charger does come with it. However it is also sold separately.

I'm just concerned that if I argue the case they'll just give me a bad review anyway

[kopenhagen5]

A suggestion - 

Dear buyer,

I am sorry to hear of your disappointment.

As the item is sold both with and without a charger, I didn't feel a need to mention it in the listing.

If you are happy to return the item I am prepared to refund for the cost of the unit.

Alternatively I can offer a small refund of ($5 or $10) towards the cost of a charger if that suits.

Awaiting your reply, kind regards,

[nessa93i]

Thank you for that suggestion! This is all so helpful! I will try your suggestions and hopefully resolve this. Thank you again!

[digital*ghost]

Although this won't help with the current situation, I think in the future it's best to err on the side of caution when listing things and mention if components aren't included (more especially if the original package includes them by default, as it sounds like while you can buy a charger separately, if you buy the stylus new, it always comes with a charger, unless I've misunderstood your post).

That there was more than one buyer who queried it should have also indicated it was important enough information to include in the description (if something like that ever happens again and there are already bids on the item, you can either post the question to the listing and allow everyone to see the Q&A, or add more information - it will show at the end of the listing in a separate section, but having it there is better than not). 

That being said, I'd also advise buyers to err on the side of caution and assume nothing, especially if there is no mention of an accessory in a description, nor is it shown in the photos. 

Just speaking personally, I'd accept a return and relist it with all of the info included - that is not a suggestion that's what you should do, and I won't argue against anyone who says you have no obligation to, it's just more that in cases where I feel I may have contributed to a misunderstanding (even if not outright caused it, and even through unintentional omission), I'd be more willing to accept some responsibility than if I had written it in the description and the buyer hadn't read it. 

[nessa93i]

Thank you for your advice! Definitely agree and will be more careful next time. To be quite honest I'd even forgotten the stylus had a charger as I'd never used it. Silly mistake on my part.

[springyzone]

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@nessa93i wrote:
Hi thank you for your reply!

No they have not opened a formal case they have just messaged me saying that it is a problem that it was not as advertised and doesn't fit their needs but I'm not sure if I'm obliged to offer a refund and/or pay for shipping or to argue that it was listed correctly.

When bought new with packaging the charger does come with it. However it is also sold separately.

I'm just concerned that if I argue the case they'll just give me a bad review anyway

---

You advertised it as "used"  but said in your listing it was actually unused and just taken out of the package.

In those circumstances, I think buyers would be entitled to assume they were getting what had been in the package.

From what you have written, it isn't a case of some of these come with a charger, some don't. It sounds as if they always come with a charger when you buy them new, but you can also buy a charger separately if you need to.

This buyer had a right to assume they were getting the whole item that had been in the package. You had a vital bit missing.

Obviously some buyers were suspicious about the info that was missing but they would not have asked about the charger if they had been crystal clear it wasn't included. They also assumed it could be.

You may not have meant it to be, but the whole situation comes across as a little bit misleading, the buyer may well think you did it on purpose.

In the circumstances, I think you should offer the buyer a chance to return it. Or at least a partial refund.

[swingkitty]

There is no mention of chargers in the listing.

I find the whole listing a little underwhelming - however - the photograph is an image of the stylus only. There is no offer of a charger or orginal packing.

I think it is a case of caveat emptor - the buyer should not have assumed to be buying something not mentioned or represented in the listing.

[springyzone]

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@swingkitty wrote:

There is no mention of chargers in the listing.

I find the whole listing a little underwhelming - however - the photograph is an image of the stylus only. There is no offer of a charger or orginal packing.

I think it is a case of caveat emptor - the buyer should not have assumed to be buying something not mentioned or represented in the listing.

---

All that is true, there is no photo of the charger & it isn't mentioned.

But I think the comment about it being unused, just not in the original packaging, has led several people to think the whole contents of the package might be on sale. Why wouldn't it be included, I suppose some of them might wonder.

I understand caveal emptor but I don't think it applies 100% to ebay purchases for the simple reason people are buying before having an opportunity to see.

I'm assuming the charger is a necessary accessory, that's why one always comes in the package.

I'm not saying this is a clearly misleading ad, I think it was just an oversight it was not mentioned.

All I am saying is there was possible room for confusion so if an INAD case were opened, it might fall into the ebay twilight zone & I could see how it might go either way.