Buyer Opened Not as Described Case

[larinda68]

I sold a 9ct gold pearl necklace and bracelet set on a different account and the buyer has opened a 'not as described' case saying the string under the necklace and bracelet is silver not gold.  I still have the original receipt for the bracelet (but can't find the necklace receipt) which clearly states 9ct gold pearl beacelet and I think they are also hallmarked.  Do I have to accept the return and lose the Special Delivery postage costs both ways?  Would Ebay accept the bracelet receipt as evidence or will they just side with the buyer?  I don't want to end up losing the items as well but I think its unfair to have to refund when I havn't falsely described a silver necklace as gold.

[john1297576 · Accepted solution]

You must be 100% sure of your facts before taking any action.Buyer may be trying it on, as they have changed their mind, but No Returns (which I assume you have on your listings) means they have to invent a reason for you to have to accept the return. If what they claim is correct, and it should be easy enough to prove or disprove on return, taking legal action could backfire on you.

[larinda68 · Accepted solution]

Thanks for your reply (and the other replies). I do have a No Returns policy on the listing. Having looked at the case again. what she is referring to is the underlying string which is silver coloured but can hardly be seen unless you pull the necklace and examine it very closely. These strings are usually made of silk, thread or some kind of wire and not gold. The necklace itself with clasps and bars is made from genuine 9ct gold as I described so I still think its unfair to use this to make a 'not as described' claim. I suppose I will just have to accept the return and be more careful about including every detail in the descriptions in future.

[ruby*tuesday]

Yes sorry you will have to Accept the Return. You generate the Returns Label through Ebay. Is fully Tracked and Bar Coded. The Cost to you is £3.10 I believe? You now only have 3 Business days to Accept the Return. Don't delay or you will loose your Ebay Final Value Fee Credit. 

[rusticrye]

Ebay have no idea what you actually sent, or what the buyer received or you receive back, as they are not present when sent or received, so have no choice but to accept a buyer's word for it when they claim Not As Described, as per their Money Back Guarantee. They cannot get into disputes between you and a buyer.  Only a judge can decide if a buyer is a liar or scammer.

You agreed to comply with the MBG when you registered your account. If you dig your heels in and refuse to offer refund on return, Ebay will either force you to pay for a returns label, or they will force the refund without the need for return. You will also have a damaging defect slapped on your account for failing to comply.

This may sound unfair, but it's the fairest it can possibly be.  The MBG is a very good thing (although you may not think that at present) as it gives buyers the confidence to shop with you and every other Ebay seller.  Without it, you'd be lucky to sell anything at all.  In fact, without it, Ebay would no longer exist.

You have to refund on receipt, and then report the buyer to Ebay for abusing the MBG by fraudulently claiming Not As Described (via the 'report' button on your ‘leave feedback’ page) if you're 100% sure that's what they've done.  A few of those from different sellers, and their account will soon be toast.  And add their Ebay ID to your Blocked Bidders List so they can’t darken your doorway again.

You can then deal with the buyer outside of Ebay as follows, if they have actually scammed you out of return postage costs or anything else:

Send them a PayPal invoice to cover your losses, giving them 7 days to send cleared payment or you will be taking legal action and reporting them to Action Fraud (the police's online fraud unit).

If payment is not received within that timeframe, send them a 'before action' letter by Signed For post, giving them 7 days from receipt to make full and cleared payment, or you will report them to Action Fraud, and take them to Small Claims court to recover your money and all court and other costs.

If payment is still not received (unlikely, as this is generally enough to put the fear of god into small-time fraudsters), take them to Small Claims court if you wish.  Very easy to do, and the process can be started online.

@larinda68