Buyer opened a case stating item not as described as preowned silver necklace tarnished (photos)

[bethany7717]

Hello, I'm not a very experienced seller on ebay as I just use it every once and a while and I haven't had this happen before!

Last month I listed a pre-owned sterling silver necklace and a buyer from the UK wanted me to post it there, however I advised them I only post to the PayPal address listed on their account (theirs was in AUS and I only post to AUS anyway).  I had listed many photos of the item showing all sides of it, as many as possible, and had described the necklace as pre-owned but in good condition (it's sterling silver and was a bit tarnished that's all but I wouldn't say it was bad condition).    

I posted this at the beginning of October to an Australian address which should take 5-7 business days.  In the middle of October, I left for Africa meaning I was out of internet connection, however I gave enough time for the buyer to receive their item to the Australian address and contact me with any issues before I left and then I could reply to rectify any issues. 

On the 25th October (while I was in Africa) I received an email from the buyer stating "I received the necklace from Australia to the UK but the silver metal is marked and discoloured in alot of places on front and back.I request a partial refund so I can get it professionally cleaned".  

I was still in Africa and thus couldnt check or reply to this.  On the 30th October, I received a message from Ebay stating they had opened a case as I had not replied and the Ebay email said 'We've thoroughly investigated the case and found that the buyer should return the item to you because it’s not as described in the listing'.

However I got back from Africa yesterday and today is the cut off date for me to finalise this case otherwise it will be deemed in the buyers favour..

Can someone advise me what to do in this situation?

Can I make a counter case as I believe the item was exactly as described as per pictures and description?  

Does this mean that sterling silver needs to be professionally cleaned by a seller before we post it haha I'll post a link about how sterling silver naturally tarnishes all the time http://www.ebay.com.au/gds/Will-sterling-silver-tarnish-or-will-silver-turn-my-finger-green-/1000000...

The buyer is also wanting a partial refund to get it cleaned, which I don't agree with (it only needs a silver cloth.. ) and it seems that they are now asking to send the item back (since the buyer has posted it onwards to the UK whereas I only posted it to an address in Australia) is that allowed?

[debbielynnpoodlegirl]

Hi I have had a massive increase with buyers knowing that they can screw you over if you dont do anything about their complaint.

Ring ebay asap and appeal your case you dont have to accept refunds or returns if you follow the ebay policy.

As long as  your description is clear precise and honest and your pics are just as clear and precise this will cover your butt.

I have had the same problem with a buyer today trying to pull every trick out of the box for a free pair of designer shorts

I cant stress enough to make sure your description and picture is perfect.

In my experence because my description and photos where perfect I didnt have to give a refund or accept a return or recieve a default ----- and ebay paid for the refund out of ebays pocket.

Dont leave it to long ring ebay and keep ringing them untill you get a fair outcome.

Hope this is of some help

[*tippy*toes*]

I assume it's the snowflake pendant that you got the negative feedback for? There is no mention in the listing of it being a bit tarnished. You've stated it's in good condition with no wear and tear. It would be hard from the photos to tell if there is any tarnishing because they all have a slightly pink tinge to them.

You could try to defend your case, but as there is no mention of the tarnishing in the listing, it's unlikely you'd win. As you sent it to an Australian address, you only need to cover the postage cost from the Australian address that includes tracking. If it has been forwarded onto someone in the UK, the onus is on them to cover the cost from the UK back to Aus with tracking.

It doesn't mean that everything has to be cleaned prior to selling, but if something is tarnished, or scratched, or whatever, you need to mention it in the listing. Yes, a lot of buyers do only look at the title and photos, but if the photos aren't really clear, then it's often hard to see if there is something wrong. If they don't read the description and a fault has been mentioned, they will lose a claim if they are claiming that fault.

Did they open the case through eBay or PayPal? CALL whoever they opened the case with and tell them that you are happy to refund on return of the item, but as it has been sent to the UK, you are not willing to cover the return postage cost as you sent it to an Australian address.

[bethany7717]

 No unfortunately I didn't mention the tarnishing which I will in future if necessary as I stupidly assumed they would know you can clean that off haha it's not permanent damage but I understand it should be in my description.

It was opened through Ebay.  I will give them a call, thank you

Thank you for your reply

[*tippy*toes*]

You have to mention absolutely EVERYTHING these days. Buyers are looking for the tiniest things so they can try and get free items. They hope that you will just refund and not ask to have it sent back. If you are selling something with stones, check every stone with a magnifying glass because if one has the tiniest scratch that you can't see with the naked eye, they'll try and claim not as described.

Please come back and let us know how you get on with the return postage side of things. Good luck!

[bethany7717]

Thank you for your reply!

Unfortunately, I feel that this is what this buyer wants to do.  The whole thing from the beginning before she even purchased it, it sounded dodgy but now I should have followed my gut haha

In my case, I did not include that the sterling silver was tarnished as it is just such a common thing with sterling silver and I stupidly assumed that buyers of jewellery would know this (silly me..) but I will call ebay any way as I feel that the buyer isn't being honest in their requests.

[digital*ghost]

---

@bethany7717 wrote:

I was still in Africa and thus couldnt check or reply to this.  On the 30th October, I received a message from Ebay stating they had opened a case as I had not replied and the Ebay email said 'We've thoroughly investigated the case and found that the buyer should return the item to you because it’s not as described in the listing'.

However I got back from Africa yesterday and today is the cut off date for me to finalise this case otherwise it will be deemed in the buyers favour..

Can someone advise me what to do in this situation?

---

What are the options eBay is providing you to resolve this case? If they are still prompting you for a response, you really need to call them and explain the unique circumstances of the case. 

The bit I've highlighted in blue actually suggests eBay has already made a decision in favour of the buyer, and that a return is required from them, which would usually mean you're required to send return postage - eBay won't recognise that the item is not in Australia, though, so they'll be expecting you to send the original recipient return postage for within Australia. 

The buyer sending it on to another country makes the whole situation a bit more unusual. Technically, you could argue that the original recipient accepted the condition, since they didn't raise a request upon receiving it and instead sent it on to the UK, plus several other factors here really muddy the waters even more (eg will the UK buyer send directly to you? you shouldn't be responsible for postage to Aus in all reality, as you didn't offer postage to the UK, but if they send to the AU buyer, then the AU buyer sends on to you, it could muck with the whole timeframe for everything, even if you'd been able to respond from the start). 

So yeah, I think a phone call is the only way you're going to make any possible headway on this. 

[saarzi]

 "In the middle of October, I left for Africa..."

"On the 25th October (while I was in Africa) "

"I was still in Africa and..."

"However I got back from Africa yesterday..."

---------------------------------------------------------------------------------

But have you been to Africa?  Ive heard its nice...

Spoiler

Ive been four times. bragger. Lol

[bethany7717]

Hahah I did NOT mean to make it sound like that, I swear! 

Thanks for the laugh! 

[imastawka]

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