buyer wont cooperate in dispute

[vseller15]

Hi I am not a regular seller, I just use eBay to sell items once in a while. About 3-4 weeks ago, I auctioned my 18-months year old Samsung Galaxy S2. As I did not have any camera, I did not put real image of my phone and used a generic picture instead when I created the listing. After few days ( the auction ran out for 7 days ), I borrowed a camera from my friend and found out that I could not add picture when someone has bidding on my item ( I mentioned this here to prove that I have the picture of my phone being in a good condition ).. Long story short, after 3 weeks of me sending the phone, the buyer opened a dispute straight away and messaged me saying he was opening a dispute because

1) my phone is not unlocked as I advertised

2) screen is damaged !?!?!

3) not the phone in the picture I use in the listing.

OK, so I messaged him back saying 

1) I unlocked the phone already but please give me the IMEI # of the phone so I can double check with Vodafone. Unlocking is easy ( even though few days before selling, I put different SIM card provider and it worked!)

2) Screen is not damaged, it was  the screen protector which I already used for a year. Remove the screen protector and you will see that the screen itself is 100% perfect. ( I had the photo proof of this )

3) I mentioned to him that the listing use a generic picture and not a real image of my phone and he should have known before bidding. 

I also offered him to:

a) return the phone back to me ( he bear the postage cost himself ) and I will return the whole money minus 10$ postage fee ( I spent more than that on postage!)

b) keep the phone, give me the IMEI  # and i will follow up with Vodafone and I also offer to buy him a set of new screen protector delivered to his address.

He never replied directly to my response and always send message saying how I scammed him and he wants to claim compensation for misleading and deceptive selling. The other thing is I messaged him few days after the auction and asked him whether there was a problem with the phone and he never replied and now 3 weeks later he was claiming that something is wrong with the phone. I am suspecting that he had a change of mind as in the last few weeks, the price of Samsung Galaxy drops sharply - a new S3 is around 400.

What should I do here? I really think that I am reasonable enough by offering him those 2 alternatives. I also suffer loss here - time, postage money and my phone wont sell around similar price as Galaxy price has dropped sharply in the last 4 weeks -

I am so frustrated with this experience, I think I am done with selling something on eBay  It's just not worth it. A damaged screen of Galaxy S2 sold around 120$ around the same time, I sold my good condition phone for $230 and I was accused of scamming people. 

The item in dispute is 171007716499. 

What do you think will happen ? Will I 100% lose in the dispute ( I read the internet and everyone seems to think that Ebay protects buyers more than the seller ).

I am opened to criticism here ( I know I should have used a real image of generic one 😞 )

[vseller15]

Here's what the buyer claims on paypal dispute 

Samsung S2 mobile telephone Item that arrived.

1) Was not the phone advertised .

2) The phone is not unlocked as per advertising,

3) Glendale Optus Shop said that it is still under contract to Vodaphone 4)Optus said that they could not change it to our Optus Account .

5) The image used to advertise this article is not an image of the recieved article.

6) The article we have has screen damage and delaminination and not as described

7) We are extremly dissapoinrted that false advertising is allowed on eBay.

😎 There was no seller information adress or phone no supplied on packing.

1) it's of course the S2 advertised

2 & 3 ) I offered to work with him in this one but he never replied.

5) it's generic picture - I just want opinion from everyone here if a reasonable person will believe that the picture in my listing is the real picture of the phone or generic one. Item #171007716499. 

6) Screen is perfect. Its just that the screen protector is old and I offer to send a new one delivered to his address for free

7) ?!?!

😎 There's definitely my contact details on the back of my post. There's no way I send the item without leaving my details in case there's something wrong with customer address.

Should I just accept the dispute and give him the full refund ( and bear the cost of the postage )? And if I do, does he have to send the phone back in original condition . And what if the phone is damaged in any way when it's returned back to me?

Sorry for the long post!! I just want an opinion since I am not a regular seller. I am clueless on what I can or cannot do here.

[shepherdsrule]

The phone you listed had no camera on it???

Sorry but if the buyer does not accept your b) offer and claims SNAD then the buyer will be advised by paypal to return to you and you will have to refund total price - including the original postage the buyer paid.

The buyer pays return post, but this is at the discretion of the seller and may be better for you to offer return postage as well to avoid a negative on such a new account.

Never use stock photo's, they leave you wide open for disputes such as this.

When/if you get the phone back, ensure it is UNLOCKED before relisting and list with a photo of the actual phone.:-)

[shepherdsrule]

Sorry missed your second post -

Should I just accept the dispute and give him the full refund ( and bear the cost of the postage )? YES

And if I do, does he have to send the phone back in original condition .  YES

And what if the phone is damaged in any way when it's returned back to me?

You contact paypal and advise the phone is not in original condition and I think you can counter claim, (someone else will be able to verify that for you shortly no doubt.)

[phorum_junkie*]

Reply to the dispute as clearly as you stated the problems in your first post. The buyer will then have a chance to reply or they may just escalate to a claim. If they win they will be instructed to return the phone which they will have to do to get a refund.

It is worrying that you did not note the IMEI number as if they send you back a different, clapped out phone you will have no way of proving it is the wrong one.

If Paypal find in your favour then you can forget it unless the buyer funded their payment with a credit card in which case they could try a chargeback, they would still have to return it though.

[vseller15]

Thanks for replying.

I meant that I had no camera back then to put the phone of the actual phone and I used a generic one. I did not know I could not put the real picture in after bidding has started - I was too excited since I got a new phone and just list my old phone right away.

What is SNAD? 

Okay thanks for the advise, it's just that the buyer wont cooperate at all. I already ensured it was unlocked few days before by putting Sim Card from another provider in and it worked. I asked for IMEI # so I can recheck and he did not even bother replying. I am by all means ready to cooperate with him and if he's not satisfied with it, I would be gladly get my phone back and give him refund but his attitude stinks. 

By the way, If I give refund on paypal and I do not receive my phone back in original condition, is it still in Paypal case or not?

[shepherdsrule]

SNAD - significantly not as described

[shepherdsrule]

Sorry just read the last line of your post -  DO NOT GIVE REFUND until you have the phone back - if you are not satisfied that it is in the same condition, or if you still believe your description was correct and thep hone is as described, then you go to paypal with photo's etc to prove your claim

[vseller15]

@phorum_junkie

is there any way that Paypal will side with me? 

Looking on Google, it seems that I would have no chance and better off refund the money and closing the dispute right?

Thanks for the help! Cheers

[vseller15]

Thanks guys!

After getting some useful feedback  I would just give up and give the refund . I will just demand the customer to return it back to me and give full refund if it comes back in original condition.

 As gottabecareful suggested, I will holding giving the refund back UNTIL i receive my phone back.