Gift Box Damaged on Return

[larinda68]

A buyer opened a 'not as described' case and returned a pearl necklace and bracelet giving a quite flimsy reason.  I accepted the return and the items have arrived back with a bit of damage on the gift boxes.  I had packaged them carefully when I sent them with lots of thick bubble paper but they were returned by the buyer with only a thin layer of bubble paper and now have a small hole and some scratches on them. If I put them back on sale this might deter someone looking for a gift from buying and they were in perfect condition when they were sent.  Do I still have to give the whole refund as I am now not only loosing postage costs but the item is slightly devalued?

[rusticrye · Accepted solution]

Although consumer law states that items must be securely packaged so that they are received back in the exact same condition they were in as when received, and that sellers can withhold all or part of the buyer's original payment if they do not arrive as such, Ebay can't enforce that - because Ebay were not present when they were sent, received or received back, ie. they can have no idea what they actually looked like at any stage.

So you will have to refund in full though the case, as per the Money Back Guarantee you greed to abide by when you registered your account, and then take action against the buyer outside of Ebay, using the legal route, if you wish:

Send them a PayPal invoice to cover your losses, telling them why you are pursuing them, and giving them 7 days to send cleared payment or you will be taking legal action.

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 take them to Small Claims court to recover your loss 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 most), take them to Small Claims court if you wish.  Very easy to do, and the process can be started online.

Or you may just decide to refund through gritted teeth, and put it behind you. But whatever you decide, make sure you add this buyer's Ebay ID to your Blocked Bidders List so she can't darken your doorway again.

@larinda68