Buy clames iPhone 12 pro max is faulty

[dutr_9254]

Hey guys,

I recently sold an iPhone 12 pro max on eBay.
The buyer recently came back to me and advised the item was faulty. She advised the item did not have sound, the volume buttons did not work and the home button was sticky. I advised her as the item was faulty to please return it to me and I will provide a refund.

Yesterday I received the item and upon inspection none of her described faults were apparent. The phone worked fine. At this point I got in contact with the buyer and advised that as the iPhone was not faulty I do not wish to provide a refund but I am happy to replace if need be.

The buyer had kicked up a stink and said as we had a verbal written agreement to have the item refunded if I do not do so she will raise a dispute with paypal. She advised that she has gone and purchased another iPhone and a replacement would be of no use to her.

Please note that I had listed in the eBay listing that I will only provide a refund if the item is faulty. Which this is not.

Can someone please advise if I have a case here.
It's obvious this lady has changed her mind.

[sandypebbles]

Best you ask on the forum for eBay Canada where you are registered

The rules might be different

The rules in Oz always side with the buyer

And I doubt any rules anywhere would allow you to keep the money since the phone was returned

[sugar249]

Even if your T&C's say only a refund if faulty.   You did say that you would provide a refubnd.   And yes she most likely changed her mind,  but is the hassle worth the negative feedback.  Just saying

[daydreams_12]

As an aside, you cannot have a verbal written agreement.  It is either one or the other.

[jellybirddesigns]

Since you have your phone back, just refund the buyer as you cannot keep her money and the phone. - that's fraud. 

[*sons_and_daughters*]

As it's obviously a change of mind return, refund her the amount of the phone, but don't refund the cost of postage each way. Not sure about Canada, but that's how change of mind returns work here in Australia.

[gutterpunkz05]

I don,t think the seller gets to decide that it is a change of mind, not after it has been returned as faulty.

As far as ebay will be concerned, it was returned as a faulty item and all they are interested in is return delivery to the  seller, in which case the  seller is responsible for all postage.

[justkidzbiz]

Sorry but I disagree.  The returned phone was not faulty upon inspection of the phone when received back, therefore it is a change of mind, most likely the buyer found a cheaper phone and is trying to get her money back on this one, if as she claims bought another one. 

The seller should refund minus postage and eBay fees as eBay will not refund fees on partial refunds.

[gutterpunkz05]

From experience, I can tell you, that you are wrong.   As the return was accepted on the grounds the phone was faulty,  nothing the seller says or does, will prove anything else to ebay now, and all they are interested in is proof of return to the seller.

Anyone can  assume it was returned for change of mind, but assumptions count for jack, the seller has no proof the buyer changed their mind, and they will have no way of proving the item was not faulty.