disgruntled buyer did not read the listing correctly

[nathan3757]

good evening all. 

i wanted to reach out for some help regarding a recent sale on a product the buyer now has an issue with.

the item in question states in my listing headline as well as in the description that it was NOT a "new in box/factory sealed" item however in the "about the item" it states "new/factory sealed". this was an over sight by myself that i did not change upon listing the item. However in order for the buyer to know what they were buying, they would not know at all if it was "new/factory sealed" as the process of this would have the internal product in a sealed cardboard box as sent by the manufacturer. 

He claims the item is tampered with and not as described, however in the title and the item description as well as the pictures of the product everything is clear cut that the item is not "new/factory sealed".

furthermore i do not offer returns/refunds and again he has failed to read the listing correctly and is demanding it to be done????

can someone share some light on this if he has any leg to stand on here?

short of an over sight on my behalf regarding the "about this item" i clearly stipulated the condition and outline of the sale/product. and to finish on the note that, in the "about this item", ebay also clearly state "see the seller's listing for full details." should this not hold up as evidence that the buyer has done no such thing?

thanks all for your time and help

nathan3757 

[sugar249]

Sorry reading the ad I would assume new in sealed pak,  you openly admit here it isnt.  Refund as it is not a described.

Also you cant say no returns or refunds if the item is defective or not as described.

Valid complaint from the buyer,  not their fault you listed it incorrectly.

Do the right thing

[countessalmirena]

Many buyers will not see the full description, particularly if they are using the eBay app.

The item specific that stated “new/factory sealed” trumps your disclaimer in the description. (Even if it did not, the contradiction is your responsibility, not the buyer’s.)

No returns only applies to change of mind returns. Surely you’re aware that buyers have a right to return/be refunded when an item is not as described. Furthermore, the return postage is also your responsibility.

You can offer a full refund upon return (you’ll need to provide return postage label as per the MBG), or you can offer a partial refund if the buyer is willing to accept that, or you can refund without the need for buyer to return. Those are your choices.

[springyzone]

I don't actually know which item it was where this happened. I had a look at your 'sold' items & the only one I can see where you stipulated the item was used in the title was one that sold at $269, but it also said opened in the item specifics. So I don't know.

However, I can feel your pain if you did clearly specify opened in a title and description, and the only place it said new/unopened was item specifics.

You'd think any buyer who came across this discrepancy would ask you before buying but in reality, some buyers don't read the ads carefully.

I think, because of the contradictory nature of the listing, you should probably accept a return with a refund to be made upon return.

The other thing you could do, as someone else mentioned, is offer a partial refund.  Explain to the buyer it was an oversight, but also mention that the word 'opened' (or whatever term you used) was in the title and description. You need to acknowledge responsibility, apologise and ask if they would prefer to return for a full refund or accept a partial refund.

As I said, I can't tell which ad this is about but in titles, I would steer clear of saying anything such as 'Not new/factory sealed'. Instead say 'opened' or unsealed. People often just glimpse at things and might miss the word 'not'.

[sandypebbles]

The 'no returns' is change of mind only

If the buyer opens an item not as described dispute, the no returns is not going to cancel that out for a second

No, you don't have a leg to stand on in eBay's eyes

eBay are not going to take into account 'an oversight'

It even sellers on listings 'sellers are responsible' for said listing

The buyer may not have even read the description (many don't bother to), they could be taking advantage of said oversight who knows 

[sugar249]

Just another note.

These are expensive and highly collectable items (not sure why), and ways have being found to open and determine what is in the package.

The seller even muddies the waters in their description.

Also take a look at the sellers feedback left for others, and they complain about exactly the same situation, 

[*sons_n_daughters*]

There is nothing in your title to say the box had been opened. The item specifics state it's brand new factory sealed. Your description states that the item was meant to stay in the vault. That does NOT tell me the item has been opened. There is absolutely nothing in your listing to say the item has been opened. 

Personally, for $999, I'd be sending a postage label and get the item back. Unless of course the buyer is happy to accept a part refund (as a collector of items nothing like this, if I bought what I thought was unopened and it wasn't, I'd want at least 50% back because the second it's removed from the box, the value plummets). 

Accept the return, give a full refund and relist as the item should be. If you don't accept the return, the buyer will ask ebay to step in and help, which will mean you lose both the item and the money. Ebay will nearly always side with the buyer, and definitely will in this case. If you don't accept the return and the case closes, you then also gain a defect on your account, which means your listings will go waaaaaaay down, and in some cases, may not be visible at all.