on โ07-04-2018 01:52 PM
Hi all, I'm needing some advice as I find the consumer law is too vague regarding how long someone can reasonably expect a product to last. It's way to subjective to me, and considering I'm neurologically wired differently to the average person, don't feel that I can rely on my own opinion!
Anyhoo, I sold a pair of handmade stud earrings (for $8), and the buyer was happy with the purchase and have been happily wearing them for 5 months. They have now broken (don't know why). Is it reasonable for the buyer to have expected them to last longer than 5 months?... or is it reasonable that given their low cost and months of use that they have broken? I guess I'm just after everyone's general opinions on what their expectations would be as the buyer in this situation. (Please don't get into topics such as providing good customer service, and maintaining good feedback, etc.. I want to keep my buyer happy, but I'm trying to work out what's "reasonable").
on โ07-04-2018 04:53 PM
@countessalmirenawrote:
In terms of providing good after-care, hmm. I love the approach which digital*ghost has mentioned taking. That's definitely over and above my expectation for a low-cost item.
I should probably clarify this a bit more...
I do use words in my description that denote higher quality and strength than the average, similar product, and the items I have done this for haven't been earrings or other jewellery, but chain accessories that need to be able to stand up to some stress and typically sell for $40-$60.
I only ever had one buyer make a left-field complaint about a jewellery item (sold for $16) - right after the sale, I advised them how to care for the chain and remove tarnish if it occured, as I was using plated iron chain for the pendant I made at that time. One year later they contacted me and told me the chain was tarnished. I...really didn't know what to say to that, but I did not offer them any remedy. I did have another buyer complain to me about a custom-made item, but that was only a few weeks after they purchased and I think they just wore it to an event. I was very thorough up front about the materials being used, and when they complained, they said "I didn't know you were using alloy - I'm allergic to alloy". (Bonus tip for jewellery buyers - you can't be allergic to "alloy", saying so is like saying you're allergic to soup), so they did not get a remedy either.
I'm actually inclined to agree with you with reagrds to the buyer's expectations being unreasonable in this case, but thought I'd outline what kinds of factors are taken into consideration with regards to the ACL, and make the suggestion of repair since wanting to keep the buyer happy was mentioned.
โ07-04-2018 04:56 PM - edited โ07-04-2018 05:01 PM
@helloglorywrote:
But I also don't like to disappoint... so I was thinking of offering to repair the earrings, just like you suggested. The buyer is located in the U.S. though, so I don't expect they will like to pay to send them back to me. They are currently asking for a replacement (which I can't do as I'm out of stock for that design and won't be getting more as I'm closing down my business!).
Perhaps consider saying something like "unfortunately, it's now outside the warranty timeframe for this product and they are now discontinued, so I'm unable to repair or replace the earrings, but as a gesture of goodwill I will be more than happy to provide you with an X% discount on a new purchase".
Edited to add: if they are in the US, they would have been like $6 earrings...
on โ07-04-2018 05:04 PM
Thanks for your response countessalmirena ๐
Yes... I quite agree with you.
If I bought a pair of $8 earrings at a market and then they broke 5 months later after I'd been wearing them regularly... I'd think, "Man, that sucks!"... but would just throw them out and move on. I wouldn't expect to be entitiled to anything because I've used the item for a reasonable amount of time. I just wasn't sure if the average person would think the same way.
(They were handmade by me.) I have sold well over 1000 pairs of earrings in the past couple of years, and have only had a couple of faulty pairs in that time... due to damage in transit. So I am quite confident in the quality of my product. If there was a fault in the manufacture of the earrings, then I would expect it to become obvious a lot sooner than 5 months of use.
on โ07-04-2018 05:12 PM
Yes, digital*ghost I did think of offering a type of store credit/discount.... but I kind of don't want to do that as I ceased international sales a couple of months ago (due to closing down)... and need some time buffer on my insurance. So... I don't know.... I think my options are either offering to repair, offering a partial refund (like $3), or nothing.
Thanks so much for your input. It was really good to hear about your experiences.
โ07-04-2018 05:36 PM - edited โ07-04-2018 05:37 PM
The repair option will likely test how much they value the earrings in actuality, as I wouldn't offer to pay for that and will cost them about $4 (USD, after packaging if they purchase that as well, and send through the basic international service), but would obviously mean you'd need to be prepared to follow through. Honestly, though, after seeing that they are located overseas, I don't think it's a cost-effectove option for either party, not to mention you then have other possibilities to consider (weeks to get to you, weeks to get back, who's responsible if it gets lost, etc, so may turn out to be more trouble than it's worth)
Don't be afraid to just say no, though. I mean, you can be empathetic, and flexible with buyers, but you don't have an obligation to accomodate everything they may ask for. It's natural to not want people to be angry or disappointed with our products and services, but don't let that manipulate you into agreeing with something that you think is unacceptable or unreasonable (and from the posts, I think most will agree that this is on the unreasonable side). If I was going to turn them down, I would just let them know that I appreciate and understand they liked the earrings so much, but that they are designed and made as a costume piece with limited warranty, which has now expired and you're unable to repair or replace. I tend to use the phrase "thanks in advance for your understanding" in these kinds of cases - perhaps in the vain hope it will trigger an attempt to understand things from the other side.
on โ07-04-2018 09:53 PM
But I also don't like to disappoint... so I was thinking of offering to repair the earrings, just like you suggested. The buyer is located in the U.S. though, so I don't expect they will like to pay to send them back to me. They are currently asking for a replacement (which I can't do as I'm out of stock for that design and won't be getting more as I'm closing down my business!).
on โ07-04-2018 10:00 PM
I can't add anything else to what has already been said. I wouldn't even try. What I will say is, after 5 months, tell them to get stuffed. You said you are shutting up shop anyway. They can't hurt you. Let them try. I doubt even PayPal would let them open a dispute. Plus, unless you are a registered business with an ABN, Consumer Law doesn't apply to you.
on โ07-04-2018 10:24 PM
After FIVE months eBay shouldn't even let the buyer open a case, much less find in their favour.
โ07-04-2018 10:42 PM - edited โ07-04-2018 10:47 PM
Yeah, was just coming back to point that out myself, so OP might be in luck as they only Have Paypal to worry about.
So OP take your chances and tell them you are unable to offer any assistance. Mind you the way the International dispute
resolution works in ebay, I would not take anything for granted. Even when Ebay Australia supposedly allocates a member
to contact the US resolution center direct to arrange phone contact, what a joke.
on โ08-04-2018 01:47 AM
@helloglorywrote:Thanks for your response digital*ghost. ๐
The stud earrings were made with stainless steel posts with bamboo findings glued onto the flat pads. (I use high quality materials and adhesive... although do not make any claims in this regard). One of the bamboo findings has detached from the post.
I have thought about what I would expect if I were the buyer.... and in the past, when I have purchased an item and used it for a number of months and then it breaks, then I feel disappointed but go "Oh well, it was good while it lasted...", throw it in the bin and move on. (Unless it was a high-value item that you would expect to last longer).
But I also don't like to disappoint... so I was thinking of offering to repair the earrings, just like you suggested. The buyer is located in the U.S. though, so I don't expect they will like to pay to send them back to me. They are currently asking for a replacement (which I can't do as I'm out of stock for that design and won't be getting more as I'm closing down my business!).
What a pity you did not put some of these details in your first account.
I can understand the buyer being annoyed but for heavens sake....the glue failed?? It could happen to any jewellery no matter how expensive it was. I have had it happen to some expensive vintage jewellery where the stones were glued in. I bought a small amount of glue from a jewellery supplies store and glued them back in.
Be a very helpful seller and tell the buyer the name of a good glue and suggest that she mend the earring herself. The feedback will not worry you if you are closing down anyway.....even after all this time she can still leave a followup to the original feedback.