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 😞 )

[phorum_junkie*]

Didn't go and look at the listing before posting, you say you are sending by standard post, did you send it as a regular, registered small parcel, I am presuming you did not send in a satchel as that contravenes Aus Post policy, and that you registered it so that you have proof of delivery, if you didn't then the buyer could just have claimed they did not receive it rather than risking not winning a dispute.

Unless you clearly state that the photo is not of the actual item then the buyer is entitled to rely on it as forming a significant part of the description, particularly as you have hardly gone overboard with your written description.

Having looked I would either offer the buyer a partial refund and keep it or say you will refund in full once you have it back.

[digital*ghost]

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

Probably did, but cameras can't take photos of themselves. 😛

Personally, while I think the description leaves a little to be desired, if I truly believed the phone was as described, I would fight the dispute.

You have nothing to lose by fighting it if you're actually prepared to take that route, and I would also fight it because you already offered exactly what the buyer will get from PayPal if they win the dispute anyway.

Secondly, if you fight it and win, even if they do a chargeback at some point down the line, you will automatically have seller protection and won't be required to have any documented proof of postage etc.

[*sparklz*]

Black Samsung Galaxy S2 smart phone - (unlocked)

NOT IN PERFECT CONDITION, but GOOD WORKING CONDITION. NO MAJOR DAMAGE.

Have had the phone for about a year and a half.

Has a few wear and tear marks from normal usage - screen is in good condition as it was always used with a screen protector since the beginning.

Comes with the original wall charger,  plus an additional aftermarket battery.

Will post the day after the receipt of the payment (payment within 3 days). NO INTERNATIONAL DELIVERY

Your add states it is NOT IN PERFECT CONDITION,

Copy your original opening post here and paste that into the paypal dispute.

You should fight this as much as you can.

If they do return it then make sure it works EXACTLY as it did when you sent it and confirm it is unlocked and call paypal if there is anything at all different to when you sent it.

[vseller15]

It appears that the buyer is not tech-savvy and this is his first smart phone.

He just messaged me.

He basically saying that there are 5 problems he found initially with the phone

1) It comes locked to Vodafone -> can be easily resolved.

2) Not the phone on the image -> Ok my fault for using a generic picture

3) He just found out that the "bad screen" is actually my old screen protector and confirmed to me that the screen is good and not damaged at all.

4) the phone wont turn off causing his own-purchased battery to drain overnight -> I used the phone till the day before and found no such problem . I am assuming that this is due to his unfamiliarity with functions of the phone.

5) it did not come with manual instruction book -> duh 

I promised to call him tomorrow ( busy today ), see if we can resolve it over the phone.

[viewmont1071]

Not the phone on the image -> Ok my fault for using a generic picture

I thought when you used generic ebay pictures they stated exactly that ie "this is a generic ebay image" ??

[viewmont1071]

crikey ya gotta look hard

http://pages.ebay.com.au/help/sell/product-details.html

Items that must be listed using our catalogue

Some subcategories have a product based search experience and benefit most from listing’s using our product catalogue if the item has a match:

These categories are

Mobile Phones (category # 9355)

Digital Cameras (category # 31388)

Apple Laptops (category ##111422)

If you don't select an accurate product your item won't qualify for the value box on the product details page, which highlights lowest price deals from a Top-rated seller at the top of product pages.

Make sure your listing follows these guidelines.

If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

Then from another completely different help  section

When using our catalogue to list a used item, don't use a stock photo.

Upload a picture of the item that shows its condition

confusing???.....much

............ however it is best practice for any used item not to use a stock photo

[shepherdsrule]

Probably did, but cameras can't take photos of themselves. 😛

Personally, while I think the description leaves a little to be desired, if I truly believed the phone was as described, I would fight the dispute.

You have nothing to lose by fighting it if you're actually prepared to take that route, and I would also fight it because you already offered exactly what the buyer will get from PayPal if they win the dispute anyway.

Secondly, if you fight it and win, even if they do a chargeback at some point down the line, you will automatically have seller protection and won't be required to have any documented proof of postage etc.

D'oh

Hangs head in shame :_|

[phorum_junkie*]

Probably did, but cameras can't take photos of themselves

No imagination some people, they could take a photo of the phone's reflection (making sure they were fully clothed when doing so) 🙂