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.

[chuk_77]

now british bloke, why are you bringing common sense in here. Common sense flew out the window a while ago I'm afraid:-D

[calsof]

Don't sweat, bloke. Most of us already know this one way or another... just some people trying to show off all that legal knowledge they got at the same kinder they were taught how to write and spell - hehehe

[british_bloke89]

It was either common sense or popcorn.....

[curraone]

There's a lot of mumbo jumbo legal stuff flying around here  - we will have to get the popcorn out soon

but has anyone addressed the OP's actual question?

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.

[calsof]

Poor spelling, bloke? Who? You? Haven't been paying much attention to other posts here, I assume!

[british_bloke89]

Ha! While I would never pick anyone else up on poor spelling and / or grammar, I cannot stand looking back on something I have written and not picking myself up on it! 

[british_bloke89]

There's a lot of mumbo jumbo legal stuff flying around here  - we will have to get the popcorn out soon

but has anyone addressed the OP's actual question?

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.

I wish I could be more helpful, but I think you would just have to explain to PayPal and let them see the past claims/transaction history, from what you say PayPal should already have records of the previous disputes. So you hopefully should be able to fall back on that at least.... 

[calsof]

Poor spelling makes me squint more than usual in my old woman glasses - hehehe

[*sparklz*]

There's a lot of mumbo jumbo legal stuff flying around here  - we will have to get the popcorn out soon

but has anyone addressed the OP's actual question?

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.

LOL nope but there is going to be a point to all the (Um shall we call it) legal stuff soon one hopes.

I am guessing that no one has yet won a dispute for this hence the answer is unknown.

I sent another email to PP with the ACCC link and a copy of the

What if I change my mind? Can I get a refund?

No. The consumer guarantees do not require a seller to give you a refund if you change your mind and decide that you don’t like or need the goods or discover that the goods are cheaper elsewhere

Bloke thanks for that one :).

[calsof]

The hardest part is to explain that the dispute began BEFORE the buyer received the item and to trace them back to the emails and records on Ebay. Customer Service staff never like to be challenged with reading records and deciphering actions from them 🙂