Just wanting some advice about Ebay/Paypal disputes regarding faulty items.

[dealuxe_store]

Hi All,

I sent an item to a buyer which is apparently faulty as it was not heating up properly. Sent out a replacement controller to the buyer as most of the time, it is a controller issue, however it still does not work.

I have offered to send a brand new one on the condition that the buyer send a photo of the controllers cut up which they have refused to do.

They have left me negative feedback and are opening up a dispute with either Ebay or Paypal.

Has anyone had a similar situation and according to Ebay and Paypal policy, how will this pan out?

Will I also be able to get the negative feedback removed?

Thanks in advance.

[horizon1907]

Can I ask, why you didn't get them to send the faulty item back instead of cutting it up? Sounds a bit weird ? Or is that just me? 

[i-love-my-sheep]

Cheaper for the buyer not to have to send it back maybe?

OP, have you checked the buyers feedback? Do they have a habit of receiving faulty items? Are they in the habit of leaving negatives? Sadly, I don't think you will be able to get the neg removed. EBay will see it as their 'opinion'. As they have already left the neg, give them the option of sending the faulty one back, at their expense, with tracking, and you will replace, or fight it out through a dispute. If they refuse to send it back, you will win the dispute. 

[dealuxe_store]

Horizon1907: This is a requirement of my supplier as they do not know whether the item is truly faulty or not. They are happy to send out a new one on the condition that they have that photo. Guess it works out cheaper and easier by doing it this way rather than them shipping it back and then being upset about return shipping costs etc.

[dealuxe_store]

Ilovemychooks: So lets say I tell them to send it back, initial purchase price and postage is refunded correct?

If they dont send it back, the dispute that they have opened will rule in my favour? Is that right?

I also heard somewhere that initial postage costs dont have to be refunded. Is this true?

[robinsonmarineparts]

Yes they have to send it back at there expense.

If they don't you will win the dispute.

[phorum_junkie*]

Your supplier's policies have nothing to do with your obligations under ebay and Paypal policies. You should have given them the choice of sending the required photo or of returning the item for a refund.

If it was the electric blanket then I don't think I would have any confidence in a product that supposedly didn't work because of a faulty controller especially as it appears it is a known weakness. If it were me I woulld have stopped selling them once I knew there was a chance it could have a faulty controller.

Perhaps they thought you were just trying to drag things out past the 45 day cut off for a dispute.

[digital*ghost · Accepted solution]

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@isus_store wrote:

I have offered to send a brand new one on the condition that the buyer send a photo of the controllers cut up which they have refused to do.

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Intentionally destroying, modifying or otherwise tampering with the product would compromise any claim they could make via PayPal if you did not follow through on your promise of sending a new one, so while I understand the reasons behind it and that it's a requirement of your supplier, it's effectively asking the buyer to void their protection, so in that sense it's understandable the request might make some a little nervous. I don't mean that to reflect on you personally, as in I don't question that you would have honoured the sale / promise and sent a new one etc, but many buyers are not willing to compromise their protection no matter what.

The buyer will have to return the item in original condition to qualify for a refund, and that's a full refund of the original payment (item price and postage). 

[dealuxe_store]

Hi Digital Ghost: If they return the item without the original packaging, are they eligible to a full refund? 

Also, they are now claiming in the dispute that there is external damage to the product as well as internal damage. External damage was never mentioned and I have a feeling they have deliberately damaged the item further. 

I believe that Paypal states that the item must be returned to the buyer in the original condition that it was sent to them in. If they have deliberately sabotaged the item further do I have to give them a refund and can I dispute their dispute?

If I receive the item and it is not faulty, and find that they have lied about the whole thing, what course of action can I take?

[digital*ghost]

Now that it has gone to a PayPal dispute, your main options at the outset are to defend the not as described claim, or accept the return. I think it would be very difficult to defend in this case, as you wouldn't have many options to prove that the item is not faulty, given it's not in your possession, so it's more likely the buyer will be returning it to you one way or another. 

Once that happens, they need only prove to PayPal that it has been returned and they will typically be granted a refund, sometimes before it is even back in your possession to verify the condition etc, so at that point, if it arrives in an unacceptable condition (eg obviously tampered with, intentionally damaged, faulty through buyer misuse and so on, or not even the original item) it often becomes a matter of convincing PayPal that the refund shouldn't be (or have been) granted, generally resulting in a discretionary credit of the payment once you can get them to agree (so the buyer will keep their refund as well).

You would need to call PayPal and speak to someone about it, and they may request some form of evidence, I'm not too sure - other sellers have a little more insight than me on what to do if that scenario eventuates, but typically, if you do not get a satisfactory result after speaking to PayPal, you can take the matter to the Financial Ombudsman Service. 

At the moment you're kind of stuck playing a couple of rounds of "wait and see" - that is, wait to see how the dispute pans out (depending on whether you decide to defend it or not), then wait to see what is returned, and in what condition, before you can really have a firm direction to take on that - in the mean time, however, I would document everything within the dispute if it is not yet been escalated to a claim. Again, other sellers are more well-versed in this area than I am, so will hopefully advise more specific options, what info to document within the dispute, but I'd say documenting the communications between yourself and the buyer would be a good idea, so it at least highlights the discrepancies between what they were saying then and now. 

I think, if the item was genuinely faulty, then returned condition wouldn't be too much of a factor for me personally - in that the buyer would be due remedy either way, and packaging or lack thereof wouldn't void that right. It'd be more if they damaged it themselves, or returned something else where I'd fight PayPal on any refund to them. If it's returned in perfect condition, fully functioning etc, then it would also be worth fighting any refund decision, as that would make it change of mind (which PP don't cover) and you shouldn't be out any costs for that, at most the buyer would only be due original item price as a refund.