refund after the buyer has washed the jacket

[princespare]

hi, a buyer has bought a used jacket..

he then said he has washed it and it now has a funny smell. he is claiming a refund. the jacket is pretty much ruined.

ebay has given the refund despite me arguing i have no idea what he has done/washed  with the jacket. the jacket is no longer in its orginal state.

i am thinking taking ebay to small claim court because it is counter to its own policy.

has anybody had similar experience ?

[princespare]

hi, this is just to let you all know that , after contacting head office directly, ebay has agreed to repaid . I am sure you are all trying to be helpful but not all of you know/read ebay rules.

I quote ebay response
"since the buyer had stated that the item had been washed. This would mean that the item has been altered by the buyer of the item meaning the original case decision should have remained in place."

i think there is too negativity from some of your responses. Seller do have protections but you have to read the terms and conditions.

[tobiasd4]

Have to say you are lucky.
As ebay never see the item, they 99% believe buyer.
Ebay CS often do not know their own policies.

[princespare]

no lucky, I went outside the usual CS Bs and wrote to the company director stating that i will go SCC if i dont get an answer. you are right about CS, i spent an hour arguing with CS but they have limited knowledge which is fair enough. My accountancy background also helps in finding the terms and conditions. I knew i was right and was willing to go SCC.

[*guinevere*]

You are indeed lucky. Our responses here are based on actual scenarios of sellers having to cough up refunds for damaged goods every single day. I'm pleased you've got your money back but I can assure you it isn't typical.

[princespare]

You are correct in that aspect. i think it is the fact that the buyer said upfront that he has washed it and wished to return. that is the nail in the coffin and i knew it i have a ground to defend. i know if he had washed in bleach and dye and returned it but did not say it , ebay would have backed him.

[red_magpie]

i am thinking taking ebay to small claim court because it is counter to its own policy.

Good luck, but I wouldn't rate your chances.

In theory, eBay states in its money back guarantee that "After confirming that the item was returned to the seller, we refund the cost of the item (less any loss in the item value, if the item is returned after it was used or damaged by the buyer) and original postage to the buyer".

Unfortunately, apparent reassurances like this to sellers often prove meaningless in practice. This is what eBay reportedly told one seller: "As we didn't see the original item that you sent to the buyer and we didn't see the item the buyer returned to you, we are not in a position to take sides in these situations and verify who has the valid complaint". EBay's idea of not taking sides was to make the seller refund the buyer!

You might be lucky if you appeal the decision, and get some reduction in the amount refundable.

If not, you're up against the clauses in the user agreement in which you have agreed to accept eBay's decisions on all disputes, refunds and returns. As eBay is unregulated, basically eBay can decide whatever it wants with members having no right of appeal to any independent authority.

[princespare]

https://www.ebay.co.uk/help/policies/member-behavior-policies/condition-returned-items-policy?id=476...

thanks for your response. according to ebay own policy

"To be eligible for a eBay Money Back Guarantee, the exact item you purchased must be returned."
because the buyer freely admit he has admitted that he has washed the item, the exact item is no longer applicable ?

"As eBay is unregulated, basically eBay can decide whatever it wants with members having no right of appeal to any independent authority."

if it is going against its own policy, it would be open to the law of the land ??

are you talking from experience or legal perspective ?.

[*guinevere*]

I believe that is for change of mind returns. I understand your buyer opened a Not as Described Return? I am assuming that because you said they had complained that it 'smelled funny'. Nad returns are slightly different.

[princespare]

sorry, I am not clear what your last message is saying . do i have a case or not ?. much thanks.

[*guinevere*]

No you do not have a case, sorry. You can appeal the case with ebay cs by going to Help and Contact top of page. At best they may give you your postage back, at worst they will give you nothing.

[princespare]

OK, to me, the case is quite clear. it costs £25 SCC. i am going to do it. seems patently unfair and against its own policy.

[princespare]

hi, this is just to let you all know that , after contacting head office directly, ebay has agreed to repaid . I am sure you are all trying to be helpful but not all of you know/read ebay rules.

I quote ebay response
"since the buyer had stated that the item had been washed. This would mean that the item has been altered by the buyer of the item meaning the original case decision should have remained in place."

i think there is too negativity from some of your responses. Seller do have protections but you have to read the terms and conditions.

[thedemon2014]

Have you actually been repaid? Please come back and tell us how you get on, as what you say is not the usual eBay response. eBay CS are known to tell you what they think you want to hear.

[princespare]

yes, money is cleared. I have gone beyond the CS and wrote to the directors directly saying that i will go Small claims if they dont reply.
I knew i have a strong case and was willing to go to court.

eBay UK Ltd,

Complaints Department
PO Box 659,

Richmond-upon-Thames
Surrey, TW9 1TX

[*guinevere*]

Unfortunately once a buyer opens a Not as Described dispute they are guaranteed a refund. 

If you ignore the dispute, or try to fight it so the buyer escalates it to ebay, ebay will refund the buyer and tell them you don't want the item back as you haven't sent a return label and they will advise them to dispose of it.

Your buyer had every right to open a case if he thought there was a fault with the garment, and for future reference you should read the ebay Money Back Guarantee so in future you'll know what your buyers' rights are. 

It might seem unfair to you but it is what we all signed up for in the ebay T&Cs so there is no point taking ebay to court I'm afraid.

[princespare]

the buyer washed the item and then complained (he wrote this and is my only evidence) ?.the item is no longer in its original state ?.

ebay own T&C says that item must be returned in its original state ?.

if i buy a clothing item and washed it then want to return it, isnt it up the discretion of the seller to accept the refund or not ?

[*guinevere*]

See my comment after Red Magpie's.

[princespare]

We want to make sure eBay is a fair place to sell. In order to make eBay a fair place to sell, we hold our buyers to certain standards. When buyers do not follow these standards we take action on our buyers and we protect our sellers.