Frist ever for not as described item

[*sparklz*]

Long story short here.

With over 5000 sales I have NEVER had to deal with an item not as described dispute.

Buyer put in offer, offer accepted paid and posted.

Buy starts to ask questions after item is posted and realises she has purchased the wrong size item.

Description was 100% accurate re the item and size.

Buyer not in the know assumed she was getting bigger version.

Buyer then opens dispute for item not received less than 24 hrs after paying.

I call PP and tell them the item was paid for less than 24 hours ago.

PP say just wait and see what happens.

Next day buyer changes dispute to not as described.

Tracking shows the item is still in transit and not even delivered.

Call to PP again, they close the dispute and release money back to PP account.

2 days later buyer opens another not as described dispute saying item is not new as per description.

I supply all the proof possible to show it is exactly as described along with the history of the buyers disputes after a change of mind.

Paypal tell buyer to return to seller on the 27/9 for refund by the  by 8th Oct

Today the final day buyer enters tracking number for return of item.

So what happens if

a) the item is exactly as described and the buyer was using any excuse to get the refund (which is the case) as the item is as described.

or

b) they have damaged or used the item in the 10 days it was in their possession before returning it.

What proof would I need to send PP to win this dispute.

The buyer has sent abusive and profanity filed language via the ebay messages (which have been reported)

I can not understand how after opening 2 disputes BEFORE they even had the item that PP would even find in her favor when it was obviously a change of mind or buyers remorse.

[*sparklz*]

Anyone have a link for the Financial Ombudsman?

I looked through it last night and they wanted a $71 fee for this.

I thought it was free.

[tall_bearded]

Yes the Ombudsman service is a free service>  Therefore the site you got was probably an Google sponsor site link to an advocacy service. 

The link is .

http://www.fos.org.au/centric/home_page.jsp

[pjay482000]

There are some difficult buyers out there,

thank goodness they are only a small percentage of the buyers,

you have been lucky so far if you haven't come across these difficult people before,

I have just had the most difficult buyer in the past few weeks,

in all the eight years I have been selling on Ebay, I have never had a more difficult or unreasonable buyer,

the saga is still not complete,

I have done everything correctly,

but the buyer is still causing me problems,

this is just part of the privilege of being a seller and doing a job that I mostlyenjoy,

P

[1sweetap6v8]

LOL but your just like woolworths so give em there refund just like woolworths do. LOL .  You dont get it do you just because its not faulty doesnt make it your entitlement to refuse the items return. The buyer under AUSTRALIAN law has a legitamate reason to return the item IT DOES NOT FIT THEM LOL. Regardless of there mistake there reason is legitamte and buy the sounds of it you were told before it was sent,but you just sent it anyway and tried to get out of the refund. In any event nomatter what you think or who is or isnt at fault a person conducting a quality business would simply refund or exchange the item simply to satisfy there client that way ensuring they are happy and trade again with your company , Just like woolworths hahahaha remember yesterday i do.  In Australia there still a thing call CONSUMER PROTECTION this is why ebay must allow bid retractions and refunds its law otherwise i can garrentee ebay wouldnt as they dont in countries that dont have the laws to cover such transactions . If you want to operate like woolworths you have to abide buy the same laws. Hence PP want you to refund the money. Regardless of the buyers mistake they have a legitamate reason to return your item it simple does not fit end of story. And our consumer protection laws will make you refund the money.  What you fail to see no matter what ebay rules say there are laws that you as a seller must abide buy even though you may feel there unjust and ebay write theres as a deterant in hope there not challenged but they are not law and mean nothing at the end of the day.

[curraone]

Regardless of there mistake there reason is legitamte and buy the sounds of it you were told before it was sent,but you just sent it anyway and tried to get out of the refund.

This is not what the OP said - the request came after the item was posted.

[digital*ghost]

LOL but your just like woolworths so give em there refund just like woolworths do. LOL .  You dont get it do you just because its not faulty doesnt make it your entitlement to refuse the items return. The buyer under AUSTRALIAN law has a legitamate reason to return the item IT DOES NOT FIT THEM LOL. Regardless of there mistake there reason is legitamte and buy the sounds of it you were told before it was sent,but you just sent it anyway and tried to get out of the refund. In any event nomatter what you think or who is or isnt at fault a person conducting a quality business would simply refund or exchange the item simply to satisfy there client that way ensuring they are happy and trade again with your company , Just like woolworths hahahaha remember yesterday i do.  In Australia there still a thing call CONSUMER PROTECTION this is why ebay must allow bid retractions and refunds its law otherwise i can garrentee ebay wouldnt as they dont in countries that dont have the laws to cover such transactions . If you want to operate like woolworths you have to abide buy the same laws. Hence PP want you to refund the money. Regardless of the buyers mistake they have a legitamate reason to return your item it simple does not fit end of story. And our consumer protection laws will make you refund the money.  What you fail to see no matter what ebay rules say there are laws that you as a seller must abide buy even though you may feel there unjust and ebay write theres as a deterant in hope there not challenged but they are not law and mean nothing at the end of the day.

You couldn't be more wrong.

There is absolutely no consumer law that states a buyer is entitled to a refund on the basis of change of mind - and that includes items that don't fit. 

Many retailers, as a way of providing additional customer service, offer change of mind returns, but they do not have to.

[rumplebear1951]

The buyer under AUSTRALIAN law has a legitamate reason to return the item IT DOES NOT FIT THEM LOL

The item in question is a BEANIE KID....which is a TOY/COLLECTABLE...just where would you suggest the buyer was going to wear it ?

[*sparklz*]

Yes the Ombudsman service is a free service>  Therefore the site you got was probably an Google sponsor site link to an advocacy service. 

The link is .

http://www.fos.org.au/centric/home_page.jsp

Thanks for that.

I will call them now.

[1sweetap6v8]

@curraone  Read it again i said, (buy the sounds of it), I have no way to prove it .you have no way to prove it the seller has no way to prove it PP and ebay have noway to prove it how do you know he wasnt told or he read his email late etc etc and just dont want to disclose that info?. Hence he will be made to refund that persons funds, This next bit is also for you and the one who is on about it being a toy not clothing well that wasnt stated it just says she believed it was the wrong size so assumed it was clothing my mistake, but it makes no difference as long as the item in question is sold in Australia you havent tampered with opened it and have the reciept you have a time period in which you can return it for a FULL refund , If you go to any credible store they will simple ask for your reciept and take the item back no questions asked , Why because they have to and they no its pointless asking the customer why they want to return it hence why they even use this in advertising dont like it return it no questions asked is one of the latest marketing ploys adobted buy most multi nationals WHY because they have to take it back buy law as long as its not opened and you have your reciept its LAW and they no it so they use it to ther eadvantage. And for those who think auction houses are amuned to this there not, and ebay is not and ebay is not just an auction house its a sale room as well, Was the item auctioned did it have a buy it now was it buy it now only this is exactly why laws are made. To protect the consumer and as i stated yesterday your nothing like woolworths Kmart or any other retail outlet but you are subject to the same laws. Try doing the right thing give the money back you have sold 5000+ items this isnt going to make any difference finacially but its a great way to be seen to be a fair trader not a rip off.

[*sparklz*]

I have spoken with the ombudsmen and then again with paypal

I have to wait till the item is returned and if paypal refund the buyer I then go back to the ombudsman with a copy of the closed transaction papers and all the dispute info and they will then give paypal 15 days to put the money back in the PP account.

Paypal said that once I have the items back I am too call them and if there is any damage on the bears at all then they will review the case.

So now we have to wait till they are returned and go from there.