is this feedback extortion?

[corduroy9]

I sold an item on the 26th march, the buyer emailed me the next day ( never before the auction end) asking if they could 'pick up the item?', I emailed them back stating it was postage only as the listing stated.
They have just received the item in the mail and emailed me immediately stating the following :

First, I have received the item. Thank you for mailing it so promptly.

But second, there is a fault with the item that was not mentioned: the arm keeps coming off the central hub. Even without my cat playing with it, if I just leave it running the arm frequently comes off and has to be reattached.

I have already ordered replacement arms from the US, although including shipping, this cost me an additional USD $29.99.

I wanted to give you an opportunity to offer redress before leaving negative feedback.



Is this feedback extortion? Are they annoyed that I wouldn't let them pick the item up? Are they also asking me to refund them an extra $29.99 on top of not retuning the item for a full refund?
There is absolutely nothing wrong with the item,
I tested it intensely before posting it well packaged/protected! I just googled the product and it turns out that it's a common issue that the arm can fall off at times.

The buyer only has a feedback score of 4,
I'm just a bit confused as to why they are not using the resolution centre if the issue is real!

[ajarnjenny]

WhenI was in the US, in October my freind bought one of these for her two cats. Same thing happened. We taped the arm on with duct tape and it worked fine.

The female cat would watch it , close up, for ages just touching it and then the male cate who had been watching it from afar, would jump in and turn the whole thing over and roll himself up in it and we would have to repair it again.

Cats loved it!

[corduroy9]

I have offered the buyer a full refund 3 times now, but they keep stating they want to keep the item.

I have spoken to ebay twice today about the situation and they have said on both occasions the buyer really needs to go through the resolution centre if they believe the item is not as described.

[2106greencat]

I think as a seller you have done all that can possibly expected, in light of that I would hope the buyer reads this and decides you are not deserving of a negative or even neutral feedback - they seemed quite genuine and just came here looking for advice.

Given your response I think your perfect 100% feedback score will remain.

[lancelotlink666]

I'm sorry, but I just don't see it that way. If there is fault with the product not made clear on the listing, negative feedback is far from uncalled for -- irrespective of whether the buyer decides it's worth keeping anyway.

Bear in mind that shipping replacement arms from the US (including postage) is costing more than the entire original purchase - again including postage.

As I have said to monster_truck in a private message, I would be happy with a partial refund to reflect the fact that the good really were not as described. If monster_truck is expressly unwilling to provide this, then we advance to the next step in the dispute resolution process.

[thecatspjs]

Legally it is the sellers call to refund or replace or repair.

It is entirely up to the seller if they chose to offer a partial refund and let you retain the goods.

[2106greencat]

The  seller does not know an item is faulty until they are advised of it, and of course it won't be in the description.

Bear in mind that shipping replacement arms from the US (including postage) is costing more than the entire original purchase - again including postage

 Bear in mind if you had done the right thing first and contacted the seller this expense would not have been incurred by you so you have no grounds on which to request reimbursement for this.

Had you gone through dispute resolution paypal would have asked you to return to seller at your expense by trackable means, and the seller has stated he would have refunded no questions asked.

He has done everything required of him by eBay and paypal but you have refused his offers and will punish this seller by leavng a red dot.

Not good form, sorry, but you did not deal with this in the correct manner at all and the seller should not be punished for your lack of knowledge on eBay.

[digital*ghost]

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@lancelotlink666 wrote:

As I have said to monster_truck in a private message, I would be happy with a partial refund to reflect the fact that the good really were not as described. If monster_truck is expressly unwilling to provide this, then we advance to the next step in the dispute resolution process.

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One thing you need to keep in mind here is that even if you are entitled to a refund for faulty goods, you are not entitled to a partial refund because you want to keep it. One can be requested and granted, but it does not have to be provided just because that's your most preferred option. Requesting a partial refund instead of returning for a full refund as instructed by the seller, on the threat of negative feedback is feedback extortion.

[lancelotlink666]

The  seller does not know an item is faulty until they are advised of it, and of course it won't be in the description.

Maybe I think it's the seller's responsibility to know what they are selling before listing it.

[thecatspjs]

Regardless,to dig in and insist on keeping the item and insist on partial refund is not an option that has been offered, nor a remedy that the dispute resolution process will provide.

As with real life, from time to time goods are sold on eBay that may have faults - and the remedy under law is a sellers discretion to repair, replace or refund. 

I urge you to consider your own feedback record as well prior to leaving negative for any seller as your remarks appear on your public record, and with 4 feedback only it ain't going to do your feedback history any favours either.

In the situation at hand, the seller may leave a follow up comment to clarify that you would not accept a refund and insisted on a partial refund and it kinda would likely make you unpopular. 

[lancelotlink666]

To dial it back a notch, irrespective of what I am legally entitled to, there's also the question of coming to a resolution that's not completely counter productive for both of us.

The item was sold for $9.50, with $13.40 postage.

Let's say you give me a full refund: that's $22.90. And I send you the cat toy back: it's worth at most $9.50, and that's ignoring the fact that it has a fault not mentioned in the original auction, which presumably means it's worth considerably less. But let's ignore that for the moment and just say that you've paid me $22.90 for the return of something that, at most, is worth $9.50. You're now $13.40 worse off.

In reality, if we assume you're an honest seller and will list the problem in any subsequent sail, I think you'll have difficulty selling it at all. In which case you will actually be the full $22.90 worse off, since you've paid $22.90 for something that's worthless to you.

I, for my part, have to wear the cost of sending it to you at my own expense. Let's assume my postage is the same as yours, and I too am now out of pocket $13.40. Although I do receive from you $22.90, which I suppose means I'm $9.50 better off on a cash basis. But the replacement parts I ordered from the US are now essentially useless to me.

It's clear that if I return it to you for a full refund, we've both lost out.

On the other hand, suppose you give me a 50% refund. In that case you've lost $11.45. This means that you're $1.95 better off than you would have been if I'd returned it to you for a full refund.

Once again, saying that you're $1.95 better off  is ignoring the fact that if you list the fault in any future auction, if you're an honest seller and include the fault, you may not sell it at all. If the toy remains unsold, you're $11.45 better off if you just give me a 50% refund.

I'm hoping we can de-escalate this a bit and resolve this rationally. I think if you "do the math" (as our American friends are so fond of saying), you'll see that you are actually better off if you just give me a partial refund.

Regardless of whether ebay or the law requires you to or not.