Buyer claiming item is not as described after he has used it

[cubecarpet]

Hi, Can anyone offer some advice please?

I have been trying to call Ebay customer services but they're not easy to get in touch with.

Ive sold an item (a carpet for a home), delivered it etc.
Now the customer has instructed a carpet fitter who has cut the carpet to the size of his rooms and fit the carpet.

Yesterday the customer stated there are some small marks on the carpet and some issues which were not there before installation.

He is stating the item is not as described and wants a full refund as he is claiming it is not as described and will need to replace it all.

Today he is now saying there are more faults after the fitter has installed the remainder (so he is obviously still fitting it). He also wants a full refund and keep the carpet.

Where do we stand with Ebay?

What is the best process to move forward with this case?

Any help is appreciated

[cubecarpet]

OK I will try this, thank you.

[cubecarpet]

Sorry, but I'm after more assistance now please.

The buyer used the return label and returned a small portion of his order, it looks like the scrap of off cuts of his carpet after fitting and it was poorly packaged. 

So what do I do now that he has returned part of the item, used in pieces?? So it's not the item he was sent, nor is it sellable any more?

[4_bathrooms]

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@cubecarpet wrote:

Sorry, but I'm after more assistance now please.

The buyer used the return label and returned a small portion of his order, it looks like the scrap of off cuts of his carpet after fitting and it was poorly packaged. 

So what do I do now that he has returned part of the item, used in pieces?? So it's not the item he was sent, nor is it sellable any more?

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You need to do the following in this exact order:

1. File a report with Action Fraud. They are not going to do anything as they are just a reporting service. They will give you a reference number and possibly a report - you will need these.
2. In the case there will be an option to "Report a problem". Make sure you click the link that states "Report a problem" and not the link that states "Ask us to step in" - do not click that one!
3. You will need to select a reason for reporting the buyer; just select the most applicable one. "Returned a different item" may not be entirely correct but it may be the closest option.
4. In the report you are filing with eBay explain what happened. Crucially, you must include the Action Fraud reference number you obtained in #1 and attach AF's report if they gave you one. 

[cubecarpet]

Thank you, I will try this.

[cubecarpet]

Just a thought, would it have been better for us to reject the delivery on the basis it was damaged and had little packaging on it?

[*vyolla*]

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@cubecarpet wrote:

Just a thought, would it have been better for us to reject the delivery on the basis it was damaged and had little packaging on it?

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No, just follow the instructions given to you by @4_bathrooms in post #23.

[cubecarpet]

Hi all,

Just a follow up to help others too, I followed the instructions with the report to Action Fraud etc however eBay still decided to refund the buyer.

They state in their message "We'll review your report with any other information we have, including reports from other sellers. Your report is confidential and won't be shared with the buyer. However, keep in mind that we won't be able to tell you about any specific action we take."

I will update this if I hear anything further.

Thanks everyone for their assistance.

[4_bathrooms]

Is there a link to appeal eBay's decision at the bottom of the message?

eBay have obligations to protect consumers against fraud due to being regulated by the FCA; if a consumer (private seller) makes such a report eBay rarely holds the seller liable for refunding the buyer. However, eBay has fewer obligations when it comes to business sellers but that doesn't mean they have none.

Also, did you ever check the feedback this buyer has left for others? You need to click on their feedback score then click on the "Left for others" link. If that link isn't there you are probably looking at the "new" feedback page - if that is the case click the "See all feedback" button then click the "Left for others" link.    

[4_bathrooms]

On the subject of feedback was that last negative you received from the buyer mentioned in this thread?

[cubecarpet]

I checked, he's only ever left 8 feedbacks and 2 are negative (including the one he left for us).
Is there any way I can have his feedback removed?

I will try the appeal button, its there so ill give it a go

[cubecarpet]

Yes, his name is tdoggydog

[4_bathrooms]

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@cubecarpet wrote:

I checked, he's only ever left 8 feedbacks and 2 are negative (including the one he left for us).
Is there any way I can have his feedback removed?

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I doubt it as eBay have decided a case in the buyer's favour.

looking at the pictures the buyer provided in their feedback they may have had a point. The first two pictures appear to show a small area that is missing any pile - it looks like they have taken pictures of the top and bottom of that area (it does not look like a cut) to demonstrate the missing pile. The rest of the pictures show straight lines running across the width of the carpet which could be manufacturing faults or pole lines. At first I thought they were seams where their fitter had joined two cuts together but one picture shows uncut carpet with a line visible. Unfortunately your buyer didn't take a picture of the back of the carpet where that line appears so I have no idea if it is a fault or just a pole line.  

You could try obtaining a final response from eBay using the link to appeal their decision (if there is one) and complaining to the Financial Ombudsman Service if eBay's final decision is not to reimburse you. I'm not sure this is worth pursuing though as it does appear to me there may well have been manufacturing faults present in the carpet. Whilst this did not entitle the buyer to keep the carpet I just feel pursuing this will not be worth it in the long run.

[cubecarpet]

I agree he may have had a point.

I initially said I believed it all, until he was refusing to return the carpet or accept a partial refund and was stating that none of the issues are present prior to the fitter cutting it up and fitting it in his room. He even continued the next day fitting it.

That main line could be a pole/tube line, it could have been a fault too. It could also be caused by them potentially folding/bending the carpet to get it into the room etc. There are a few possibilities, which is why we wanted to see it when it comes back.

None of these are an issue to us, we arranged the return and had no problem giving him a refund. The issue is he still has the carpet and only sent us the waste off cuts. We only received about 12m2 in total back, but he purchased over 40m2.

Thanks for all your comments and advice