Help? Buyer falsely claimed item not as described & started return case because trainers don't fit

[bexieboo]

Hi - we've been ebaying since 2002, but this is a new account opened for my daughter to run and has already hit a hurdle!  Buyer bought trainers size 4, exactly as described - has now opened returns case as part of Money Back Guarantee stating 'Item not as described', which means daughter has to pay returns postage, and swallow postage already spent, when buyer openly admits they correct size as listed, but too small for her!  She messaged to ask if they were small or large fit before purchase, and obviously my daughter replied according to HER feet that she felt they were smaller rather than larger - but of course this was opinion only - andnot part of the listing.  However the buyer says that private conversation was part of the listing.  We've reported her for abuse of Ebay policies - wrong reason for returning inorder to get full refund. Do we still have to send return postage label to her as the case is still open?  Do we hear back from Ebay to decide on the case?  Help please????  Thank you! 

[thedemon2014]

As a private seller your daughter is not obliged to accept “change of mind” returns but by doing so she is perhaps making a rod for her own back, as eBay makes it easy for buyers to claim, “the item is not as described” instead, thereby forcing her to pay for the return of the item.

No help this time but if in the future your daughter were to state a basic Returns policy such as “Returns accepted within 30 days. Buyer pays for fully tracked postage” the buyer just might agree to pay to send the item back saving you the return postage.

Whatever you do it is not a good idea to let eBay decide the issue.Your daughter should resolve the issue before eBay can get involved.

The eBay default if the buyer escalates the case to eBay, is to refund the buyer at your daughters expense, and let the buyer keep the item. 

[tsmgmd]

You cannot have a return policy that is illegal..A buyer who claims the item is not as described should receive a full refund of what they paid and the seller pays for the return.

Not only is that part of the eBay Money Back Guarantee which eBay members have to adhere to but it is also UK law.

If it is a change of mind return then the buyer pays for the return.

But you cannot have a blanket returns policy as you suggest.

[thedemon2014]

The return the op is referring to is really a Change of Mind return (the trainers do not fit the buyer even though marked as size 4 and sold as such), and it is perfectly acceptable for private sellers to offer a blanket Change of Mind returns policy.

The point I was trying to make is that the seller could have avoided a 'Not as Described' case if they (the seller) had accepted 'Change of Mind' returns. It is likely that the buyer only opened a 'Not As Described' case because the seller did not accept Change of Mind returns. 

[tsmgmd]

The sellers answer to the fit sizing was in addition to the listing and resulted in the buyer making the purchase.

The buyers claim is quite valid for Not As Described as the seller admitted the sizing was not adequately described.

[tsmgmd]

The correct method is your buyer opens a not as described case under the eBay Money Back Guarantee.

You issue a prepaid label and issue a refund once the item is returned.

The buyer is quite correct if there purchase relied on both the listing and answer to there question.

[bexieboo]

Thanks for your help x

[sausage-image]

Well on this one i think you have no choice as to take the trainers back, because ebay will only side with the buyer in this situation as you have to ask yourself would you like a pair of shoes that you could not wear, peoples feet are different as we all know some are wide some are thin and obviously this ladies feet are a bit wide. I would send her a note saying that if she could send the trainers back and pay for the return postage out of her money as soon as you receive them you will pay her money back that she paid you in the first place, it is either that or ebay will just take the money and you wont have the trainers and be out of pocket, hope this helps.

I expect someone else will put me right on a few things i might have got wrong.

[bexieboo]

Thanks for your help... we have asked her to return twice (although we state no returns - which is why she claimed 'not as described'), but obviously she wants postage paid by us both ways. I do kind of disagree that answering a question based on opinion of size in relation to yourself is a subjective matter and not part of the listing, but accept that she probably will win this anyway - it's a buyer's marketplace now... x

[sausage-image]

Well you know what to do stick her in your block list so she cant buy anymore items from you, we all learn from our mistakes and their is always a loophole for them to crawl through, like you say it is a buyers world on here but they need to rethink on this buyer is right all the time because people cant buy without a seller, lol. take care hope i was of some help to you.

[bexieboo]

Thanks Sausage! xx