Damaged Goods Returned

[rolfecorp]

I sold a BNIB item to a buyer, they have found the item is not suited to their needs. I have agreed to have the item returned, however the item has been damaged, the original box torn and made very dirty. The condition of the returned item is plain awful. I am now unable to resell this as BNIB due to damaged caused by previous buyer. What recourse do I have? Do I have to give a full refund? Where can I read about seller rights? Please help.

[*sparklz*]

Did they open a dispute via paypal who then told them to return the item or did they just return it after you asked them too?

If it was via the dispute through paypal call paypal and tell them what has happened and you can send photos if need be.

If it was not via a dispute then ask the buyer why they have damaged it and not returned it in the condition it was sent and no refund will be given for this reason.

[rolfecorp]

The buyer contacted me stating the part purchased was no correct for their vehicle (I did not agree with this, but I agreed to have the parts returned. There has been no dispute raised through PayPal. When I questioned the buyer as to why they had damaged the item they state it is not their problem as damage was caused by workshop they gave the parts to. At no point did I agree to the parts being given to another party and any damage caused by said third party should not be my responsibility. However I am not 100% sure of my seller rights. I sold a BNIB item that had never been opened or fitted. The items returned have been fitten & removed and the packaging severely damaged and left in an awfully fithy state. Am I within my rights to give a partial or no refund?

[rolfecorp]

I sent photos of the damaged items to the buyer asking why they have caused such damage that I am now unable to resell the items, and will be out of pocket for the item. I have clearly outlined Terms & Conditions on each of my listings to ensure no misunderstanding when buying from my store.

[digital*ghost]

Was the part sold as being suitable for their particular vehicle? If so, then I would personally accept responsibility as it is technically not as described, despite everything else.

If the buyer made the error and purchased the wrong part, you have no obligation to take responsibility for that, particularly because the item was tampered with and damaged.

I suggest you have a more detailed return policy set up so that it gives both you and your buyers a point of reference, and establishes what you are or are not prepared to do. No returns means a buyer is not entitled to return for a refund at all (unless the goods are faulty or not as described). If you choose to accept returns, make the conditions of return very clear up front - most common terms are that the items be unused / undamaged and returned in original condition with all packaging or tags in tact. 

[digital*ghost]

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@rolfecorp wrote:
 I have clearly outlined Terms & Conditions on each of my listings to ensure no misunderstanding when buying from my store.

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Ignore (most of) the last paragraph of my post  I only checked one of your listings and didn't look far enough to catch your T&Cs, however I do still suggest that you include some terms about change of mind returns (where there is nothing wrong with the item, but the buyer wants to return it anyway). 

[rolfecorp]

The part sold is 100% correct for their vehicle as is was checked against their specific VIN/Chassis number. The parts supplied were a perfect match for his vehicle however it is the 3rd party claiming they were unsuitable. I agreed to have the items returned in the same condition as supplied to prevent an arguement with the buyer and risk recieving neg feedback. Once receiving the items the whole refund debate began. I have clear terms & conditions at the bottom of all of my listings, and I clearly state all returns are to be agreed to and items returned in the same condition as supplied or refund may be partial or nil. Can I return the damaged items to the buyer (postage at my expense) and refuse to refund? They have damaged an item that is 100% compatible with their vehicle. When parts are checked via VIN/Chassis this removes all margin of error as my system will only seek parts for the specific vehicle.

[digital*ghost]

Yes, you can refuse to refund, and it does sound like you made the return and refund conditional. Many sellers would not pay the postage to return, and tell the buyer that if they was the item back to forward X amount for postage.

You have no responsibility to effectively pay for a third party's error, perhaps you can suggest the buyer seek restitution from the person who clearly doesn't know what they're doing and caused the damage to their part. 

[rolfecorp]

Thank you so much, you advice is validating and reassuring. I really felt in a bind, but now have a little more confidance in finding a good solution for all involved.
I will beseech the buyer to claim restitution from the 3rd party who damaged the items. I am prepared to pay return postage rather than be out of pocket the full cost of the damaged item. I really appreciate the sound advice.

[davewil1964]

I would imagine that your rights and responsibilities are the same as if you sold the part over the counter in Phillip.

What are your T&Cs there? Apply the same ones here.