Buyer wanting to return item for refund when my terms are exchange only.

[86norman]

Hi, received this message from buyer today.

Unfortunately I received these today (32/dark brown) and they just don't fit right. I therefore require a refund. Can you please tell me where I need to send them to and any other details.

In the terms of sale I offer exchange only but the buyer is now quoting

Refunds by law: In Australia, consumers have a legal right to obtain a refund from a business for goods purchased if the goods are faulty, not fit for purpose or don't match description.

I know that the item is as described and is not faulty and that the buyer just doesn't like how they fit, I have offered to exchange them for another item but they have their mind set on a refund .

Any advise on how to proceed would be appreciated, I think I'm following the terms set out in the sale but I might be missing something that more experienced sellers may be aware of.

Thanks in advance.

[horizon1907]

I would, out of Good PR, give them a refund on return of the item. By the way the message is read, I'm guessing, they are not going to accept anything other than that. After that is done & dusted, whack em on your "special List"  🙂 

[i-love-my-sheep]

Are you a business seller? If not, then that doesn't really apply. However, I'd probably still refund anyway, but not the full amount. You won't get a refund of fees, so deduct them from the refund.

Make sure your buyer knows they have to send the item back with tracking, at their expense.

[cq_tech]

The OP is going to be out of pocket for the original postage plus FVFs, but is is worth a probable neg to withhold that amount from a refund? As usual, sellers cop a raw deal yet again.

[i-love-my-sheep]

Good point. I wouldn't refund the postage either, it's a change of mind, not a not as described. Either way, the OP risks a neg anyway................because the buyer can.

[van_werkhoven]

The term in the law, 'not fit for purpose' does not mean 'buyer chose the wrong thing', it means they are defective, unusable for the purpose intended. In the case of pants, can they be worn? It doesn't matter if SHE can wear them, if they are wearable then they are fit for their purpose, and the law does not apply in any way to this transaction. They're not faulty, they're fit for purpose and they are what was described. The only problem here is that the buyer screwed up, and that is not your problem. Refunds for change of mind (which is what this is) are up to the discretion of the seller, that applies to stores and businesses as well as ebayers. If she doesn't want them she is more than welcome to use her own time to sell them to someone else.

Having said all that, you need to decide if it's worth the possible negative feedback. For some people it would be, for others not. Can you resell it if you get it back? Is it a cheap item or an expensive one? Is there demand for it? I've done both, depending on the item and the buyer. You're under no obligation either way.

[van_werkhoven]

Having said that, as a previous poster mentions, if you refuse to refund postage and insist she pays return postage, then you may end up with a negative feedback anyway. And if you do refund postage etc, then you're out money. Basically, there's no way to win with some buyers, and her use of the term 'require' instead of 'would like' a refund tells me she is probably going to be a pain in the butt.

In this case I'd probably refuse and cop the neg

[curraone]

if the buyer had read the whole of the RETURNS POLICY provided by ebay, buyer would not be so cocky:

Understanding Returns Policies

Important information for buyers: your legal right to return goods

As an Australian consumer, you have a legal right to return goods purchased from a business and to obtain a repair, replacement or refund if, the goods:

• Are faulty or develop a fault within a reasonable period of time after purchase

• Are not fit for their purpose any purpose you stated or that the buyer made known to you (i.e. they don't do what the seller said they would do)

• Don’t match the seller's description or sample

• Are of unacceptable quality, or

• Fail to meet other mandatory consumer guarantees under the Australian Consumer Law.

Buyers’ rights

Where goods fall into one of the above categories the buyer is entitled to:

• A replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage or

• A replacement or repair if the goods otherwise fail to be of acceptable quality.

To exercise these rights, the buyer should contact the Seller and may be required to return the goods and to provide proof of purchase.

Please note: The buyer must not have caused or contributed to the failure of the goods, for example, by damaging or misusing the goods. 

More information is available by contacting the ACCC Infocentre on 1300 302 502 or on the ACCC site.

Knowing the seller's return policy makes shopping easier

Sellers may state their returns policies for the items they offer for sale on eBay. Returns policies may provide buyers with other rights to return goods, for example, if you make an incorrect choice or change your mind.

However, sellers are not required by law to accept returns for incorrect choice or change of mind, so it’s important to examine the seller's returns policy carefully before you bid on or buy the item. This will help ensure that you have a satisfying buying experience.

[curraone]

and the buyer's statement "not fit for purchase" won't wash - they are fit for the purpose

[cq_tech]

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@van_werkhoven wrote:

Having said that, as a previous poster mentions, if you refuse to refund postage and insist she pays return postage, then you may end up with a negative feedback anyway. And if you do refund postage etc, then you're out money. Basically, there's no way to win with some buyers, and her use of the term 'require' instead of 'would like' a refund tells me she is probably going to be a pain in the butt.

In this case I'd probably refuse and cop the neg

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Under the circumstances, I'm afraid I have to agree. The OP is just as likely to cop a neg regardless, because the buyer is going to be out of pocket for trackable return postage and they won't be too happy about that for a start. Their attitude tells me that they are going to be trouble no matter what you do, so this might be one of those unfortunate cases where youre damned if you do and damned if you don't.

If it was me, I'd also refuse a refund, wear the neg which is almost certain to come regardless, and block the buyer.