Buyer requests refund with false claim

[audistarelectronics]

Hi all, sold a computer recording interface unit that was in mint cond, only a few months old.    Bidders got into a frenzy and the result was the winner paid almost the new price for the item. Then after  a week or so, requests a refund as he claims that the unit has scratches, which it simply did not, and that it didn't come with the software stated in the original listing, and no licence registration details were supplied etc. All relevent required details were supplied with the original manual and a separate paper that showed the registration details, and the process to go to the manufacturers website and access the extra software. Then states that ''the unit records ok'', well it cannot do anything until it is registered.  Beats me. Then the usb cable supplied was really ''stiff'', well yes, it probably was as it was still new and coiled up.  I have replied with all details negating the claim to a refund, and even giving further help on registering the unit, but it will probably end up in a claim via ebay as I am pretty certain the reason behind the gripe is that after paying ''too much'' for the item, realized that he could go for a refund and get a brand newey for the same money. Should have done some research in the first place. Really has left a bad taste in my mouth as I have been on ebay for many years, with a 100% positive score and it is a pain when you have to go through this rubbish to maintain your status.

[springyzone]

I haven't got much in the way of advice but I would love to know how you get on and what you decide to do.

Your story makes me shudder a bit-have had something similar happen years ago (not with electronics, with a desk).

Buyer said she thought it 'would be better for the price.' The price started at $20 for a used desk in VGC, pick up only & the woman was from interstate, bid about $65-$70 then wanted us to arrange a courier. So by the time she got it, it had cost her closer to $150.

That's the thing-I think buyers do get carried away then they're not happy at all with the price they paid-no matter how honest your description was.

I'd say computers & electronics are one of those high risk areas on ebay for sellers. I suppose the problem is if you accept it as a return because it 'wasn't as described', you're up for return postage too.

I'm glad you haven't just rolled over & automatically given in to them. They may not start a claim.

But if they do, my guess is ebay will probably side with them.

Still, could be worth doing what you are doing-resisting until then.

Let us know how you get on!

[audistarelectronics]

Hi, yes, it was a last second snipe for the buyer who then has second thoughts. It went for $160 plus 10 postage. A new item is $180 free postage. Enough said there.   I have replied with plenty of information which should......clear things up if it is escalated.   Sent off another copy of the registration details, and a screen shot from the suppliers website which clearly shows what software is included once device is registered. Also, buyer claimed he assumed the item was a 2nd generation and that is what he really wanted. Only problem was, nowhere in the listing did I claim it was a 2nd gen unit. Buyers should learn to not assume anything when bidding. I have offered to supply a brand new usb cable as he complains that the supplied cable is stiff. I just wish I could be as picky when buying used items.  Will keep you posted.  I will be supplying as much info to ebay as required if it gets any hotter.

[clarry100]

Has the buyer submitted a formal claim (return case) as yet? Or just thru ebay messages so far.

If you are able to "fob" them off thru messages so they don't open a formal claim then you will be OK. They could still leve negative FB which will be difficult to have removed.

If they do open a formal return claim for INAD because of the claimed scratches then I'm afraid to say you are likely doomed on this sale. INAD cases are notoriously difficult to defend as ebay usually sides with the buyer on these.

If you can prove the item IS as described then you will be OK but that is going to be a pretty tough road as ebay are most likely to side with the buyer if no scratches were described or pictured on the listing. Even if the buyer is lying about these ebay will believe them. You could ask the buyer to send you a pic showing the scratches they claim are there.

If the buyer opens a formal case against you, the likely outcomes are as follows:

1). Negotiate a partial refund and the buyer keeps the item as is. No seller defect will be recorded.

2). Agree to accept the return but you will need to pay for return postage. Then when the item is received back with full tracking issue a full refund. No seller defect will be recorded.

3). Refund in full and buyer keeps the item as is. No seller defect will be recorded.

4). Do nothing at all in which case ebay will very likely forcibly refund the buyer from your funds and you will be awarded a seller defect. And they keep the item.

Good luck with this and keep us informed along the way.

[clarry100]

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@audistarelectronics wrote:

Hi, yes, it was a last second snipe for the buyer who then has second thoughts. It went for $160 plus 10 postage. A new item is $180 free postage. Enough said there.   I have replied with plenty of information which should......clear things up if it is escalated.   Sent off another copy of the registration details, and a screen shot from the suppliers website which clearly shows what software is included once device is registered. Also, buyer claimed he assumed the item was a 2nd generation and that is what he really wanted. Only problem was, nowhere in the listing did I claim it was a 2nd gen unit. Buyers should learn to not assume anything when bidding. I have offered to supply a brand new usb cable as he complains that the supplied cable is stiff. I just wish I could be as picky when buying used items.  Will keep you posted.  I will be supplying as much info to ebay as required if it gets any hotter.

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A seller always has to assume not the buyer by ebay rules.

It is seller responsibility to clearly state everything in the description and/or pics, even the obvious if you want to give yourself any chance of winning a possible dispute downstream.

[audistarelectronics]

Hi, many thanks. Yes, I have already requested a photo from the buyer re the alledged scratches. There were none went it was sent, and there were none showing in the original listing pic. It is only he said she said at the moment, I sent plenty of info back to the seller which really, should hit it on the head. The buyer has not replied since the first request for a refund, no reply with a pic of the ''scratches'' either. The item was described to a ''T'' and left nothing to be assumed. This guy is just trying one on because he didn't research the cost of a new item and went crazy with his snipe bid.  If I lose this one, my first since joining in 2008, and 100% positives on my account, ebay can forget I ever had an account with them. The seller commissions and postal cost these days are just a joke anyway, I wouldn't miss it.

[davidc4430]

this is another example of why ebay has changed from its original platform as a good place to sell used items to a place where anything not new is now treated the same as new items.

was i time when it was buyer beware when choosing to buy used items, ask questions, ask for more photos ect ect. do not expect a used item to be new.

now ebay has policies to treat every item like a new item, handing out refunds at the drop of a hat.

buyers now get treated like royalty when making claims. sellers really are left out in the cold.

ive seen so many here getting the same replies, if a claim is made you will lose if you fight. and that should not be the outcome in a fair system.

if i buy a used item i should expect it to look used. but as long as it does what it was said to do thats all that matters, not does a cable feel 'stiff' or its got a 'scratch'.....its not new! if i want a perfect item i should buy a new item.

ebay really doesnt want people selling used items it seems to me.

[audistarelectronics]

Yep, all true. This item was absolutely shop condition, and it left nothing that could be complained about. Just because the buyer didn't read what was supplied regarding the registration details, and made a mistaken purchase, I cop the uppercut it seems.

I have a relative who is a lawyer and they have viewed both sides to this and said that the buyer wouldn't have a case in a normal civil claims court, but as ebay is a law unto itself, I guess I am on the way to being out of pocket for no fault of my own. Anyhow, we will see.

[phorum_junkie*]

Even though you have responded by message I would ring ebay using the call me back option and explain that you are sure the buyer is just regretting making the purchase and that if they check your reply they will see that the buyer's issues are not anything which was not disclosed in the listing. sometimes that will put ebay on the alert and they will look at the case properly and not just auto reply that the seller is at fault. It costs nothing to try and ebay claim they are looking more sympathetically at the seller's case, this will be a good example of if that is true.

[audistarelectronics]

Hi all, just realized this guy must have taken this straight to a claim first up, as I have a Paypal hold on my account for the payment. To do this before he even recieved my reply to his request for a refund says to me that he wasn't going to accept any answer from me regardless. The hold was enacted the same day I received his refund claim.  Says to me even further, that he made an error with his snipe and is now trying anything to get out of the deal. If ever I have had any issues with an item, I always talk to the seller first, only escalating if they ignore me.