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.

[jensmanchester-australia]

Surely this is written by another person.

The spelling is correct. It is literate, polite and coherent.

If it weren't somewhat belittling to females I'd guess it was written by the wife.

Why couldn't you have used this tone with regards to this thread's topic - you certainly wouldn't have raised quite so many hackles.

I actually wondered myself if these recent posts were written by someone else.

From my user name it would be fairly obvious I was a female  yet 1sweetap6v8 directed some very degrading comments at me. There was certainly no respect for the Ladies previously.

[1sweetap6v8]

OK Digi i dont understand why you feel that way just because i dont want to be disrespectfull to you and your gender.

I donot know what else to say , Im so sorry yoway.u feel that way it is not my intentions hence my hasty retreat concerning the topic.

I wish there was something i could say to make you see how i feel a bout women - girls - females. All i can say i am keeping to my word and am conversing with you right now out of respect for you and your gender. All i can say is im sorry for making you feel that

[1sweetap6v8]

@jensmanchester  

Yep im the same person alright, The reason my spelling etc is better is because im not in a hurry to...

Also im getting use to this damn laptop as im currently on holiday in Tasmania for 8 weeks and this damn laptop has everything in a differnt place to my keyboard i would normally use. LOL.

And no im definatly not your wife. LOL

Not to mention my schooling that i never had, Due to certain circumstances at a very young age i was force from home and lived on the street and supported myself from the age of 13. I am self taught to read and write with very very few people aware of this and if this wasnt online i wouldnt let it be known.

This where i learnt to respect women immensly, My nan was very supportive and i put my mother threw hell.

So you will have to excuse the odd mistake.

It is also why i have strict values toward consumers as i finally got a job with a motor mechanic at the age just over 15 washing parts then a qualification which was unbelievablely hard with my limited education the rest is history , buy the time i was 21 i was running a small business and my loyal customers mean everything to me. Hence why i feel so strong about consumer protection.

They made me what i am today reasonably well of for a nobody. 

True story i swear on my nans grave.  Till the day i die i will never purposely disrespect a woman.

hence im trying to do the right thing buy you digi.

[1sweetap6v8]

@the last two posts i mixed up the name its ment for cryp, and jens no i didnt no you were female , I actually thought it was refering to a jester lol , me bad sorry. My sincere appoligies to you ,

But have not changed my point of veiw on this subject.

[phorum_junkie*]

However PJ is equally wrong in her assertion that the consumer legislations don’t apply to eBay transactions

I never said any such thing, I said it does not apply to auction items and private sellers.

Somebody had to bring up the great plane case, that was a one off, anyway it had nothing to do with the return of an item for any reason and the only reason the buyer was able to win was because he suffered actual financial loss as he could not go out and buy another plane the same to fulfill his contract with the person he had already  on sold it to.

In this case the only person who would suffer financial loss if Paypal had not done the right thing in the end would be Sparklz!

1sweetap6v8 while I was not offended by anything else you said I am extremely offended that you think it is appropriate to treat women any differently to men, it has been an attitude I have never been unable to understand in all of my longish life and fortunately most civilised societies now agree, I don't know about Australia but here in the UK we have sex discrimination laws!

[the-kazbar]

It is also why i have strict values toward consumers as i finally got a job with a motor mechanic at the age just over 15 washing parts then a qualification which was unbelievablely hard with my limited education the rest is history , buy the time i was 21 i was running a small business and my loyal customers mean everything to me. Hence why i feel so strong about consumer protection.

I would like to clarify one thing. There are many business people on this thread who will go out of their way and jump through hoops to make sure their customer is happy. That is good customer service and good business sense. It is not a 'us' versus 'them' thing. Knowing your rights does not make you a bad business operator.

BUT... That is a completely different issue to what is a "right" under consumer protection laws.

A buyers right to recourse when an item is faulty, not as described or not fit for purpose is protected by law, as it should be.

A change of mind refund (which is what it is when the buyer purchases the wrong item, buys the wrong size or decides they can no longer afford it) is not a consumer right.

If a buyer purchases a wrong item or makes a mistake, them being honest, polite and upfront about it will most likely get a much more favourable outcome from most sellers than threats, lies and bullying.

The two issues seem to have been somewhat confused in this thread.

[tall_bearded]

Responce to Post 134

I think you may have your threads confused.

The passage I quoted in this thread is a direct copy and paste of what you wrote at the then Post 113, a post which appears to have been subsequent removed, because I assume, someone reported it as breach of board policy, but it wasn’t I who reported it.

As for “ I never said any such thing, I said it does not apply to auction items and private sellers”, you seem to be confused with what you wrote in this thread with what you wrote at Post 9 of the thread headed “OMG-PayPal does may head in!! LOL” and which I reponded to in Posts 10 and 13 of that thread; and to which, to date, I have yet to receive a response.

As for the great plane case – yes it is a once off, a once off because of the Rules of Precedent. So if you want to engage in an informed debate as to what those rules are and how they apply to  eBay action sales please respond to my post 13 of the other thread and I’ll be more than happy to oblige.  

[1sweetap6v8]

@PJ,  OH boy here we go again,  PJ have you read and understood everything I said , for me to take the step to not be involved with the opposite sex concerning this topic is not sexist or discrimant.

It was based on the fact i did not want to be rude nasty violent disrespectful  towards the opposite sex for the sake of respect honour and loyalty i have for the opposite sex. That is not sexist it is down right fair dinkum wanting to do the right thing buy you and all females and if that meant not talking to you about a certain subject so be it. 

I see you have to beautiful young girls (congrats on them they would make you so proud), now if you and your partner got in to a heated debate and you or your partner didnt get to a point where one just had to say I DONT WANT TO TALK ABOUT IT NO MORE  would you call that sexist and disrespectfull as it would not be fair on your children to have it go any further would it.

But im pretty sure if it was the male, you and most females would say oh thats right typical male putting up a brick wall, is this a sexist remark ? That has already been used right here in this forum, Is it any worse than me walking away from a heated debate in my eyes out of respect for women not to be bullied abused or confronted. 

I have not stopped conversing with you or any other female on any thing else such as this right now , Sometimes you just have to know when enough is enough. That isnt sexist and it isnt wrong its the right thing to do as the male not to let your emotions relay the wrong message and trying to be the bigger person that the male should be and not allow your disrespectful behaviour to flourish. 

And yes we do have sex discriminantry laws here in Australia we are still part of the British Commonwealth so most everything in England ends up here.  I really do hope you can grasp what my intent was. And if you found that my actions were disrespectful in anyway im deeply sorry i caused you to think in such a manner and sincerly appoligise.

[1sweetap6v8]

@the-kazbar   Firstly are you a female.? until i know this i can not comment on this subject with you...

But i will tell you this , just last week i purchased two little oilers from a very old man at goolwa S.A. through ebay,   This gentleman had sent a note with the items , and it said,  Hi im sorry about one of the oilers it has a dent in it that i was not aware of at the time of listing them,  So  have included another one i hope you dont mind and im sorry about my mistake.

These items are antique tools which do genrally have a rough life so the dent is actually nice part of it, but what a wonderful old gentleman to go out of his way and at his own expense to do such a thing this is my whole point on this topic just do the right thing at any cost. I sent him a very very appreciative message back. Its people like him who make you feel warm and fuzzy inside to think that there still wonderfull honest people still around. 

To prove it just check my feedback he has already left, and email him about it if you want confirmation of it. I garrentee its not made up and this only happened last week.  Now that is how one should conduct ones self in business and in life.

I really wanted to share this with you all its what my point about the topic is all about and that gentleman deserves a good wrap for his part, just do the right thing and life becomes so much more uncomplicated.

And there will never be any need to worry about courts and laws or rules and for that matter money as it will come even easier as people will respect and trust you.  His ebay name is Helern .Garrenteed satisfaction.

[crypsynight]

It was based on the fact i did not want to be rude nasty violent disrespectful  towards the opposite sex for the sake of respect honour and loyalty i have for the opposite sex. That is not sexist it is down right fair dinkum wanting to do the right thing buy you and all females and if that meant not talking to you about a certain subject so be it. 

I see you have to beautiful young girls (congrats on them they would make you so proud), now if you and your partner got in to a heated debate and you or your partner didnt get to a point where one just had to say I DONT WANT TO TALK ABOUT IT NO MORE  would you call that sexist and disrespectfull as it would not be fair on your children to have it go any further would it.

Same analogy - there is another male also in the room.

After you've told your wife you don't wont to talk about it any more, you then turn to said male and continue the debate, but refuse to listen to anything else your wife may say.

And you think that isn't sexist??