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.

[bsal6160]

Sparklz, i know this is not going to be what you want to hear BUT eBay policy is as below:

Important information for sellers: consumer guarantees, returns and warranties 

Sellers are required under Australian law to accept returns for goods purchased from a business and provide Australian consumers with a repair, replacement or refund if the goods:

Are faulty, or become faulty within a reasonable period of time after purchase

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

Don’t match your description or sample

Are of unacceptable quality, or

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

[lyndal1838]

bsal, how does that apply to a private seller of childrens toys that was correctly described?

[*sparklz*]

But it is none of those.

Are faulty, or become faulty within a reasonable period of time after purchase

They are not faulty it is a Beanie Kid Teddy bear. Brand New

Are not fit for any purpose you stated or that the buyer made known to you

It has no purpose other than for a child to cuddle or as a collectable.

Don’t match your description or sample

It is 100% exactly as described and as seen in photos.

Are of unacceptable quality,

It is perfect quality. In shop purchased condition

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

Meets all laws as far as I know as they are sold in shops as is.

So none of these are reason to refund the buyer.

[bsal6160]

Sparklz, i agree the buyer obviously changed mind BUT they could still claim Became faulty after a reasonable amount of time. Just saying thats all.

[*sparklz*]

They opened the dispute the day it was received.

In fact with in minutes of it arriving going by tracking and email dispute times so it is a load of bull.

It had not had a chance to become faulty and after 2 failures of disputes BEFORE they even got it should ring alarm bells if PP had looked at the history of the disputes.

[jameshouseofstyle]

Hello sparkz,

we had a very similar situation recently, but without the PP dispute as we allow returns anyway - what ever the reason, even if there is no reason.

You are worried what your buyer may have done for the 10 days that she kept your item, we had our item reurned after nearly a month - when it was posted it was perfect, nothing was spotted by any of us to suggest otherwise (otherwise it would definitelly not have been posted with a hope that no one will notice at the other end - that is not what we do) yet it came back damaged, and with absolutelly no good reason or explanation how on Earth could it have taken so long to return someone else's property  especially if it was so bad to start with.

So, just like you - all we had  to go on is the buyer's word about the condition.

In our case we just issued the full refund which is what we would have done in any case. Item was very cheap so it wasn't a great loss.

But good luck with it  you are obviously an amazing seller not to encounter this sort of thing before! Well done.

With regards, January.

[i-once-was-bump]

You should know by now that beanie kid buyers are a weird mob.

[bsal6160]

Well sparklz, this ping pong forum is fun (LOL). If I were you Iwould fight the claim however be mindful that according to you:

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

SO assume for the worse but pray for the best.

[kopenhagen5]

Hi sparklz,

If that's 1 out of 5000, hey, smile about it and know you are better than the buyer. 😉

bump - :^O