advise please - buyer returned an item not in it's original condition

[kittinkaboodle]

Hi everyone.

I would really appreciate your guidance and advise.

I guess I am no longer so new to selling, but I still feel a bit like a newbie.

I have had my share of buyers trying it on and inventing non existent problems tryng to get a partial refund, but on the whole, my experiences selling have been failry positive - although it's the bad experiences that stick in your head. I have never had a buyer request a return - until now, so this is new for me.

Some backstory.....

I recenlty posted a dress - advertised as pre owned but in immaculate condition  - on 3 Aug. The dress was inside a plastic zip lock bag for protection.

 Buyer recieved 5 Aug. ON 8 Aug she cotacted me, rather aggressviely saying the item was not as described, there was lacework loose which I had failed to mention, and which she had not immediatley noticed. She wanted a refund.

I asked her to return the item to me and assured her if I had made an error I would naturally offer a full refund. The buyer became more and more descriptive about the damage to the lacework. I again asked her to return the dress as she  initally requested.  

The buyer did NOT use the "i wish to return an item" process, she just mailed it back and sent me the tracking number.  

The item arrived yesterday. The lacework has been pulled away from the dress in at least 4 separate  places, in some places dangling very obviously with loose threads hanging.  In short the dress is significantly damaged and not in the condition I sent it.

I contacted ebay  - much to ing and fro ing      , - but I was eventualy told that the buyer has been reported to ebay's safety and trust department

I was told to communicate with the buyer.  Ebay pointed out the currently no action can be taken as no formal case has been opened.

The buyer has contacted me wanting to know if I have looked at the dress yet.  ( it arrived late yesterday afternoon).

I have yet to answer her

That's the scenario.

My question is,  how do you think I should respond?

do I politely tell the seller that the dress was returned not in it's original condition and so I won't offer her a refund?

Do I suggest she open a formal claim?

Do I sublty mention that I have been in contact with ebay customer support?

Obviously I will remain calm, professional and non accusatory.

I realise that if there is a claim,  ebay is likely to find in favour of the buyer. ( the buyer has 100% feedback and a high score)

I realise I may loose my 100% feedback and  my top seller status.  

I realise I COULD just pay the buyer out and lump it and let her get away with it.    

I am not inclined to.   The  dress is SO badly damaged it is not re saleable.  But perhaps I am being emotive and  not logical. (I am just a private seller who sells my excess wardrobe  in sporadic stages)

Any sage advise would be much appreciated

Many thanks

p.s. I have taken photos of the damage

[thecatspjs]

My tweak of your earlier correspondence .......   I would respond with something along these lines,  maybe not as long....

That being said, if anyone returned a garment to me that was so obviously damaged by their own hand, I would be prepared to fight it out with eBay or paypal, and report it to the relevant authorities.  I understand others, just refund and move on, scared of their reputations, due to the inherent unfairness of the eBay dispute resolution process.

Dear   .........

Thank you for sending your dress to me, however I note that you have done this outside of the return processes that are relevant to eBay and Paypal transactions. 

I have given consideration to your claim that the dress was sent with defects that were not as described or as photographed. 

I have inspected the dress you sent, and note that it now has a great deal of lace that is no longer attached to it – particularly at the back, and there are loose threads dangling.

As you are aware, I sent this dress to you in immaculate condition, exactly as described in the listing, as captured in the lsiting photos.  When it was sent to you all of the lace was completely attached, there were no dangling threads or any visible faults.

When it was sent to you it was protected inside a zip lock bag and an outer satchel, so seems unlikely that it incurred this damage in the post, given you have not indicated that there was any visible damage to the parcel on receipt either. 

As is reflected in my previous sales history on eBay and paypal, I take pride in honest, accuate descriptions and have no history of misleading buyers, nor any inclination to do so.   To this end, I inspect each garment very very closely when I list it, and in this instance, I very closely inspected the dress you purchased a second time in response to your pre-sale questions regarding the “infintessimal spots” that were described in the listing.

On the basis of the damaged, unsaleable condition that you have returned your dress in; damage that could only have occurred after it was sent to you, I am not prepared or legally obliged to issue a refund. My posiition is supported by Australian consumer legislation.  Please also be advised that I am also givign consideration to contacting the relevant authorities to report these fraudlent claims.

Even though I will be out of pocket the post expense, I would very much like to finalise the return your dress to you, so please advise if the address it was originally sent to is still current.

Regards,

[kopenhagen5]

As above..................you have nothing to lose and all to gain. 

[justkidzbiz]

"As per eBay's policy the item has to be returned in the condition in which it was sent"

the problem with this is, despite eBay policy stating the item needs to be returned in the condition it was sent, if the buyer does open a dispute and you ask eBay to "step in" and help they will immediately find in favour of the buyer but worse, if you reply to the dispute either before its escalated or during that the item was not received in the condition it was sent, eBay will respond that because they don't physically get to see the item they only have your word to go on and will almost certainly find in favour of the buyer.

sounds like the buyer received it Friday, wore it out, damaged it, and now is trying to claim ot as described!

[justkidzbiz]

This might sound a little crazy, but does the dress have any signs of wear, ie perfume, deodorant or even washing powder (ie if you can distinguish the smell of any powder used that it is different to what you use), you then can tell that it's been worn, damaged and now she's trying to return it.myoud be surprised how many people try this one on!

let us know the outcome - good luck I hope it works in your favour!  

[black*poppy]

Just a reminder that the buyer hasn't opened a dispute.  They have returned the garment outside of the ebay MBG process and so there is no recourse.  I don't think the buyer would be able to open a dispute now because then the tracking uploaded for the case would predate the dispute. But then anything is possible with ebay.  But at the moment you have a longish timeframe before it could even be escalated should the buyer open a case.  So at the moment you have nothing to lose with this buyer by slugging it out.  String it out and it will end up past the 30 days anyway.

Certainly paypal are very strict about following their buyer protection process. 

If you have photos of the condition of the dress when it was sent, then it is possible to fight ebay on this assuming a case could be opened (which I doubt) - there have been examples in the past.

I would go with Cat's recommendations. Legally, you cannot keep the item and the money.  Your only obligation is make the item available for the buyer to arrange to have returned to them at their expense. 

[phorum_junkie*]

I would go with Cat's recommendations. Legally, you cannot keep the item and the money.  Your only obligation is make the item available for the buyer to arrange to have returned to them at their expense. 

I didn't say the exact same thing 4 posts earlier?

Just sayin'

[black*poppy]

Didn't get enought kudoes tonight?  Oh diddums 😞

You said alot of stuff PJ, and the discussion had moved on. I also said alot of stuff you didn't. 

[niceandbright]

EBAY NO LONGER REFUNDS TO THE BUYER THE RETURN POSTAGE.  IT HAS HAPPENED TO ME TWICE, AS A BUYER, FOR GENUINE NOT AS DESCRIBED : One chipped but not declared, not due to the shipping,  and one wrongly branded in description.   That reply sounds slightly too long, her eyes would glaze over.  Thre are little gangs of malicious buyers on ebay, I ahve reported some who seem to work together, and after telling some ebay friends about it, they experienced the same buyers who keep their feedback 'private'.   I'd reduce the reply  to a shorter one. Make your points concisely.   

[sandypebbles]

The reply was given in 2016

You nitpick it in 2022

Why wait all this time , drag up an old thread and poop on it now?