Customer damaged the item and wants refund

smacd74

New Member
Oct 24, 2009
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I recently sold a Halloween costume on ebay and the item was new - there was no damage to it whatsoever and therefore none was listed. It was a size 8-10. The buyer has emailed me and told me that there is damage to the zip of the item, laddering and because the zip does not work, she cannot use/wear the item. On looking into the buyer a little closer, she often lists her own items and one specifically states that she is a size 14-16! There is no way this would fit her and she has said that is what she wants to do with the costume. I think she has dammaged the item when she has tried it on. I do not want to give her a refund (I actually state "no refunds" anyway) and so far I have sent her 2 emails. The first was stating my surprise at the damage as I had checked the item (I also asked for her to return it) then when I looked at this further (beacause I dont believe her) and realised that she is not the same dress size, I then asked for her to explain to me why she has bought a dress/ costume that is clearly not going to fit and asked if this was possibly what had caused the damage. She had originally asked for a refund - what do I do? It is totally unfair that I have to do this and I do not want to. I notice that sellers if they can prove that there is reasonable evidence could have a case - could you clarify please? I am not going to be able to sell the item AT ALL if she has damaged it!!!
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Are you a private seller or operating as a business? Was it sold in 'auction' or was it a buy-it-now' item.

Tony
 

smacd74

New Member
Oct 24, 2009
9
0
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Re: Customer damaged the item and wants refund

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I am just a private seller and the item was under "buy it now"
 

smacd74

New Member
Oct 24, 2009
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Does it matter than it was transacted through Paypal? Am I right in thinking that I can refuse to refund, then? I am totally peeved to be honest because as this was a perfectly good Halloween costume, it also cost me £100 to buy and as it was I was letting it go cheap - simply because I have not got time to list it again. I would like to refuse the refund however, I would like to know that I do have a leg to stand on (i.e if Paypal get involved as they seem to make up the rules as they go along!!)
 

smacd74

New Member
Oct 24, 2009
9
0
0
Does it matter than it was transacted through Paypal? Am I right in thinking that I can refuse to refund, then? I am totally peeved to be honest because as this was a perfectly good Halloween costume, it also cost me £100 to buy and as it was I was letting it go cheap - simply because I have not got time to list it again. I would like to refuse the refund however, I would like to know that I do have a leg to stand on (i.e if Paypal get involved as they seem to make up the rules as they go along!!)
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
You can refuse the refund. However, Paypal do have their own disputes process and the outcome can be unpredictable as mentioned. If you were a trader you would ask to examine the goods to make your own assessment and could offer a repair as an alternative remedy.
 

smacd74

New Member
Oct 24, 2009
9
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They have put the claim in through Paypal and are asking for full refund. Does it make a difference that I do not offer refunds through ebay at all? They are claiming the item is Significantly not as described" - I can prove that she is not the dress size of the costume and the costume was definitely meant for her I have proof of that too! Do you think it would be worth sending Paypal any docs that can stand up to this
?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
They have put the claim in through Paypal and are asking for full refund. Does it make a difference that I do not offer refunds through ebay at all?
No, because if you sell something that is not as described or something that you do not have the right to sell then they can claim a refund. That is their statutory right.

They are claiming the item is Significantly not as described" - I can prove that she is not the dress size of the costume and the costume was definitely meant for her I have proof of that too! Do you think it would be worth sending Paypal any docs that can stand up to this
?
I think this is all part of the dispute process you have the opportunity to make your case to Paypal.
 

smacd74

New Member
Oct 24, 2009
9
0
0
:) I appreciate your help. I guess I will have to just see what happens - I am just so mad because I do have the right to sell the item and it was sold in brand new condition...why do people have to be so dishonest.
It has put me off seeling anything else.