Buyer looking for refund

[ntnjj23]

Hi, Looking for an opinion.  Sold an Applie iPod Touch, 1st Generation.  Wiped the item back to factory settings.  Item was working before being packaged and sent.  The item was packaged correctly and sent to successful buyer.  Postage was listed as general post.   Buyer did not request insurance or ask for registered mail.  I have been told that the item has arrived with a cracked screen (no photo supplied) and that the buyer can't get it to sync to his computer.  Have suggested that it will need updated software as it was wiped to factory settings.  Buyer does not appear to be all that tech savy.   Buyer is requesting a refund.  I feel that all the correct things have been done here, and not sure where to from here.  I have followed all the rules according to ebay.  Appreciate any advice.

[clarry100]

Firstly, I would be insisting on the photo showing the cracked screen. Although the photo could be of an old one the buyer already owns.

Did you keep a record of the serial number of the item you sent out?

Did you have a photo on your listing showing the serial number plate?

If the buyer opens a return case against you for Item Not As Described (INAD) then you will only have a limited set of choices:

1). Fully refund and the buyer keeps the item,

2). Accept the return and pay for return postage. Then fully refund after the returned item is acceptable to you.

3). Negotiate a partial refund with the buyer.

Despite that you may have followed "all the ebay rules" if the buyer is claiming it has arrived damaged ebay will simply believe that.

The reason I asked about the serial number above is that the buyer could return an old item they already owned that had a cracked screen. So you need to know if the one you get back is the exact one you sent out.

Unless you took out extra cover insurance with Aust Post (I assume this was the carrier) then you will have no chance of compensation from them. Even with insurance, damage is very difficult to claim as they will just say it was not adequately packaged and reject your claim.

[clarry100]

*** Footnote ***

When you send an item out, tracking and insurance is to protect you, the seller, not the buyer.

The buyer is not going to pay any extra for this kind of thing as they already have all the protection they need via the ebay Money back Guarantee (MBG).

So you have to build the cost of these things into the sale price to cover yourself against total loss by the carrier and/or Item Not Received (INR) cases against you. It's not up to the buyer to "choose" this, its up you you to "do" it.

[phorum_junkie*]

You say you packaged it and sent it correctly, does that mean you sent it regular parcel, not in a satchel, with a road only sticker on it as that is the only way you should be posting an iphone to comply with AP's rules.

I presume you kept a note of the IMIE number so inform the buyer that you will be cancelling service on the phone and locking it so it cannot be used until you receive it back.

If it is indeed the same phone then I doubt if you can prove to ebay's satisfaction that it was not cracked when the buyer received it and you did not insure it so have no claim against AP.

You should jus ask for it to be returned then once you have it back and have checked it is the same phone refund their money and decide if it is worth paying to have the screen repaired before reselling it.

Some members seem to do very well selling with a broken screen, may be best to do that.

[clarry100]

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@phorum_junkie* wrote:

I presume you kept a note of the IMIE number so inform the buyer that you will be cancelling service on the phone and locking it so it cannot be used until you receive it back.

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The OP said they sold a 1st generation iPod Touch, not a phone.

These are a music device are they not.

So I don't think they have an IMEI number and any service as would a phone.

But they should have a serial number tho.

I could stand corrected if I'm wrong about this tho.

[snowbunnies2016]

Money Back Guarantee

Not covered
Buyer's remorse
Any reason besides not receiving the item or receiving an item not as described in the listing (see the seller's return policy for return options)
Items damaged during pick-up or postage
Items not delivered when the buyer arranges pick-up or delivery of the item (for instance, the buyer arranges freight)
Duplicate claims through other resolution methods
Click & Collect items that weren't collected by the buyer
Local pickup items that weren't collected by the buyer
Items sent to another address after original delivery
Vehicles, Real Estate, Websites & Business for Sale, Classified Ads and services, Tickets, Digital Goods and Intangibles, Gift Cards

[clarry100]

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@snowbunnies2016 wrote:

Money Back Guarantee

Not covered
Buyer's remorse
Any reason besides not receiving the item or receiving an item not as described in the listing (see the seller's return policy for return options)
Items damaged during pick-up or postage
Items not delivered when the buyer arranges pick-up or delivery of the item (for instance, the buyer arranges freight)
Duplicate claims through other resolution methods
Click & Collect items that weren't collected by the buyer
Local pickup items that weren't collected by the buyer
Items sent to another address after original delivery
Vehicles, Real Estate, Websites & Business for Sale, Classified Ads and services, Tickets, Digital Goods and Intangibles, Gift Cards

---

I realise the ebay policy for exclusion from their MBG says exactly what you have highlighted in red bold.

However, the reality is that ebay will rarely support the seller in such a case.

The only way you could get such support is to somehow be able to prove to ebay beyond any shadow of doubt that the item was indeed damaged in transit, then they would have to stand by their policy you have highlighted. But such a thing is almost impossible to prove as they will just say we never saw the item when it was packaged and hence will support the buyer by default. Even photographs taken during packaging will not stand up.

If the buyer opens a SNAD case in this instance the seller will have little choice but to compensate the buyer in full.

[phorum_junkie*]

Humble apologies, need to start putting the reading glasses on or increasing the screen size lol.

[snowbunnies2016]

I hear you Clarry, this is the problem with their policies. They say blah blah, seller protection, but at the end of the day the don't follow their own policies. Same goes when a buyer sends back a different item.....eBay says well the buyer sent an item we have to refund them.  It's just ridiculous!

i just posted that in case the seller wants to push eBays own policies with them.

[digital*ghost]

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@snowbunnies2016 wrote:

I hear you Clarry, this is the problem with their policies. They say blah blah, seller protection, but at the end of the day the don't follow their own policies. 

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The main issue with their policies (and probably the reason they can't follow them) is that often they are directly contradictory.

For example, the bit highlighted in red above clearly shows items damaged during post aren't eligible for the the MBG.

And yet, there's this:

http://pages2.ebay.com.au/eBay_Money_Back_Guarantee

So, the only thing I can conclude, is that they have no clue what they are doing (which in turn suggests they should stay far, far away from making decisions about other people's transactions, but here we are 😞 ).