Buyer stated item not as described

[noobin1991]

Hi, I have had a buyer state that a pair of Ecco walking shoes I sold are not as described. I advertised these as used, the correct size and the correct manufacturer. I included 6 pictures in my listing. I had advertised them as no returns.

The buyer messaged me to say he had tried walking in them for 30 mins indoors and they have given him blisters on his heels - he sent me pictures of this and I am not disputing this. 

We messaged back and forth but he could not describe what in my listing was inaccurate or not as described. I advised that they were sold as per the advert and I couldn't be held responsible if they caused blisters on his feet. He also said, "ps, are these ecco,s walking shoes ? yes or no please" which I took as an allegation of me selling counterfeit goods.

He then went to ebay and they advised that I must accept his return. He has now returned the shoes and they are the same as when I sold them - so I have no issues with the condition they have been returned in. 

Ebay have now refunded him and I have called them to say I wanted to appeal but they just advised that I need to report him as an adverse buyer, which I have now done. 

However, he has now left me negative feedback, "Desription as Ecco walking shoes which they are not & no returns or refunds give" which is shown on my public page.

I'm extremely frustrated by this whole process as I'm convinced I've advertised honestly and openly but feel as if I'm being punished for this. I've bought and sold privately for 10 years on ebay and when I'm buying used items, I always realise that there is a responsibility on my behalf to accept that I am buying a used item and therefore there is a degree of risk to any purchase. However if ebay are upholding this complaint on behalf of this buyer, this seems to be sending the message that just say the item is not as desciribed and there is no risk to the buyers. 

Can anybody give me any tips, thoughts etc about how to deal with this.

Many thanks in advance.

[tsmgmd]

Two responders have suggested small claims court.

You do realise you can only issue a money claim for your actual costs.

This would be your eBay fees and PayPal fees.

You cannot issue a claim for the item as these are back in your possession and I assume you will be relisting.

Your buyer has a legal right to return a item for not as described with the seller paying the return. And if these shoes caused blisters there is obviously something wrong and your buyer has provided evidence.

[john1297576]

In addition to what has been said you will not get a refund of the selling fee, and as Ebay had to resolve this case I doubt that any appeal will serve any purpose.

If you had dealt with the Case then it might have been different. I am not sure how much you consider you have lost but I would have thought that using the Small Claims Court and reporting to Action Fraud is a bit OTT.

You might win but it doesn't mean you get any money, and Action Fraud will not do anything.

You could have saved these problems simply by having "Returns accepted within 14 days, buyer pays return postage". No returns is inviting problems. 

[rusticrye]

As the buyer has been refunded, the feedback should be removeable. Use the link on your feedback page to report it to Ebay.

With regards to the rest of your post, read on:

Ebay can have no idea what you actually sent, or what condition it was in when sent, as they were 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 (which also applies if you fail to refund voluntarily on receipt).

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).  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 you wish:

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.

@noobin1991 

[noobin1991]

Thanks for your response. Re the feedback, it now looks as if you have to 'Request Feedback revision' via the buyer and as I have already reported the buyer, this doesn't seem like it will be successful.

Trawling through all the different Ts and Cs, I found the 'Know your Rights' page as a buyer and under the subheading, "What if the goods or services you receive are not up to scratch?" it has the following sentences, "Where the seller is a private individual, the goods must be "as described". The goods are not legally required to be of "satisfactory quality" or "fit for purpose". The Act applies to both new and used items. It's worth bearing in mind that second-hand goods are likely to be judged less rigorously new goods. For example, it's not reasonable to expect that used goods will be of the same quality as new goods. In any event, sellers of second hand goods remain under an obligation to ensure that the goods are as described."

This seems to be a fair assessment of where I am. Does this not give me some protection?

I think I've probably dug my heels in as the shoes are now back in my possession. Now it is more about the principle, rather than any monetary value this may cost me - the shoes only sold for £30.

Thanks for the advice in dealing with outwith ebay - I may have to take this action.

PS Checked the buyer's page and he is selling items....but not accepting returns !!!