Item not as described; sell has refused my return request, offered partial refund instead...

[tazzieterror]

TL;DR 

Is it ok for an item to show cosmetic wear when listed as "used", despite being desribed by the seller as "in new condition"?

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I'm just curious how this is likely to play out.

A few days ago I received a microphone purchased from an inexperienced seller.  It was listed as used, but described by the seller as being "in new condition".  When I opened it, I've discovered that it has a number of scuff marks and scratches on the body, and doesn't actually look that new at all.

I politely wrote to the seller with a couple photos, mentioned the marks, and they've replied saying they didn't really look at the cosmetic conidtion when describing it for the listing, but they can see some minor marks in the the original high-res photos they took, but as they've listed it as used (and eBay's definition of used mentions the potential for wear or cosmetic marks), it shouldnt be a problem.

I've then politely replied, explaining that since they've described it as being in "new condition", it shouldn't have any marks on it, despite being listed as used.  I apologised for the trouble, but explained I'd be puting in a return request, and then proceded to do so.

That seemed to offend the seller a lilttle; they've refused the return saying that the blemishes are within eBay's guidelines for a used item, and I should have been aware of the potential for it to have cosmetic wear. They've instead offered a partial refund of $30, which is about 15% of the sale value.

I have two questions here:

1. Is the seller correct that some cosmetic wear and scractches are acceptable, given that it was listed as used, and despite being described "as new"?

2. If I decline the partial refund, am I still able to pursue a return and full refund? What's the process that follows declining a partial refund?

Thanks in advance for any replies!

[janeababe]

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@tazzieterror wrote:

Just an update on this particular purchase - here's a message I've just sent to the seller, it should be self-explanatory!

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Hi, I hope you're well.

Just getting in touch with you about the microphone again. As it wasn't suited to my purpose I've sold it on - it should reach its new owner in Tasmania on Tuesday or Wednesday I believe.

I was able to sell it for more than the amount I paid you, enough extra in fact that I can pay you back the $30 refund you gave me and still come out ahead. I'd like to do this as my original request to return the mic to you was simply to avoid being stuck with an item I wouldn't use, rather than to get some extra money back.

Once the buyer has received the mic and confirmed it has arrived fully-functional (it should - I wrapped it in enough bubble wrap to choke a whale!), I can either reimburse you the $30 through PayPal using the details from the original purchase, or do a bank transfer - whichever you prefer.

I'll let you know when I've heard from the buyer,

Cheers!

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Yeah, I'm with Fix on this one....

Yay, you sold it on, made a profit, offered a refund to the seller.... but why the need for  acolades, applause, at how wonderful you are?  then posting it as an *update* 

I have highlighted the one sentence in your message to the original seller that , to me, seems like a big fat kick in the face!

IMO, Folk who do good, real good, dont need acknowledgement.
They dont require the *pat on the back*  to feel good about themselves.

You may think you have done a great thing for the original seller.... I see it as rubbing salt into the wounds you originally inflicted, then tried to pass it off as doing them a favour!

I'm sorry.... but I think that's poor form!

[digital*ghost]

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@fixnwear wrote:

 And whom ever said I post for shock value - what does that even mean?

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I never said you did, I said I wonder if you do. And let's just say it means I often find your posts provocative but without any actual point. I already ackowledged in my post that perhaps the problem lies with me. 

[imastawka]

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@digital*ghost wrote:

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@fixnwear wrote:

 And whom ever said I post for shock value - what does that even mean?

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I never said you did, I said I wonder if you do. And let's just say it means I often find your posts provocative but without any actual point. I already ackowledged in my post that perhaps the problem lies with me. 

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Problem is not yours, Digi.

[tazzieterror]

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@janeababe wrote:

Yeah, I'm with Fix on this one....

Yay, you sold it on, made a profit, offered a refund to the seller.... but why the need for  acolades, applause, at how wonderful you are?  then posting it as an *update* 

I have highlighted the one sentence in your message to the original seller that , to me, seems like a big fat kick in the face!

IMO, Folk who do good, real good, dont need acknowledgement.
They dont require the *pat on the back*  to feel good about themselves.

You may think you have done a great thing for the original seller.... I see it as rubbing salt into the wounds you originally inflicted, then tried to pass it off as doing them a favour!

I'm sorry.... but I think that's poor form!

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What a strange contribution to make to this discussion!

You must have a low opinion of human nature if you can interpret what is simply meant as a nice gesture to the seller as being a "kick in the face" or rubbing "salt into the wounds" or seeking "accolades, applause" or however else you're choosing to characterise it. Such melodrama!

It's sad when some people just have to find fault in any situation, or invent one when there's none to be found.

[tazzieterror]

Springy, it's nice that I don't need to be left out of pocket on this one, and figured since there was enough from re-selling, it would be nice for the seller not to be either.

[fixnwear]

imastawka, 

"the problem is not yours digi"

Whose problem is it then?

And - is there a problem at all?

Just because I think different from you is not a problem - not for me anyway. It's normal - we are not all clones with each other.

Now - that would be a problem! Don't you think?

[k1ooo-slr-sales]

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@tazzieterror wrote:
Springy, it's nice that I don't need to be left out of pocket on this one, and figured since there was enough from re-selling, it would be nice for the seller not to be either.

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tazzie, it was nice of you to have refunded the refund seeing as you sold it for some $100 more than you originally paid.  When postage, handling and fees are taken into account you haven't been left with much leftover.

Spoiler

From what I can see, you do well buying items on eBay and then reselling them on eBay. I do the same thing, although I have not sold for a while, and I have a heap of cameras that I will get around to selling one day (for much more than I paid for them).

One thing I would advise you do is start buying your stock on another ID so that your buyers won't see what you paid for the items you are selling them. Simply looking at feedback lets me see what price you have paid for some of the items you are selling.  Sold item searches can reveal the items you have no feedback for (like the microphone).  One day, you will snag a bargain for 99c and resell for much higher, and you wouldn't want your buyers to see that they are paying $50 more than you did for the item.

The other downside of using the same ID for buying items you resell is that the sellers you bought from can see that you are selling for much more than you paid them.  That might cause them some angst, and if that seller hadn't left you feedback and they decide to do so and mention that you bought the item from them cheaply.

By the way, nice Canon gear you are buying/selling 

[janeababe]

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@tazzieterror wrote:

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What a strange contribution to make to this discussion!

You must have a low opinion of human nature if you can interpret what is simply meant as a nice gesture to the seller as being a "kick in the face" or rubbing "salt into the wounds" or seeking "accolades, applause" or however else you're choosing to characterise it. Such melodrama!

It's sad when some people just have to find fault in any situation, or invent one when there's none to be found.

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Well I'm glad you think highly of yourself and your actions.

I'm afraid, I dont think that highly of what you have done to this particular seller.... and I have read this entire thread!

But hey.... you came out in front in the end and that's the result you were after all along!
So it ends well for you, doesn't it.

I'm not the melodramatic type.... sorry you got a tad confused there!  

[tazzieterror]

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@janeababe wrote:

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Well I'm glad you think highly of yourself and your actions.

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You'll have to forgive me if I dismiss accusations of self-inflation that come from someone who has chosen to describe themself as "a babe" in their user name.

[*tippy*toes*]

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@tazzieterror wrote:

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@janeababe wrote:

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Well I'm glad you think highly of yourself and your actions.

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You'll have to forgive me if I dismiss accusations of self-inflation that come from someone who has chosen to describe themself as "a babe" in their user name.

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Oh, but she is a babe, so you got that wrong! 😄