shagmidmod
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posted on October 9, 2008 11:52:54 AM new
I referenced this bidder before. She bought a sweater, and then complained it didn't fit her, going on and on about some Tuxedo company taking measurements and stating mine were inaccurate, etc.
My auction does state "No Refunds". I double checked the measurements before listing the item. I am not a power seller on this account.
Now she filed an "Item Not as Described" complaint with Paypal. She wants a refund for her entire purchase including shipping.
I denied her claim and stated exactly what I stated here in it. I've had a few disputes come my way (perhaps 3-5 of over 10,000 listings in 9 years), all of which have been "item not received". I've won each of them simply by providing the DC#. I've never had a claim for Item Not as Described.
Any input???
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carolinetyler
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posted on October 9, 2008 12:03:31 PM new
I think you will actually win in this case. In order to prove her case, she will have to provide written documentation to be faxed to Paypal from an 'expert' saying the sweater is different measurements than you stated. I doubt she will do it. I know where there is a subjective opinion called for, I have actually won the not as described dispute.
In one case it was a rug that they thought the color was more green than shown in the photos - they found in my favor.
~~~~~~~~~~~~~~~~~~
 Caroline
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shagmidmod
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posted on October 9, 2008 12:12:01 PM new
Here's hoping for the best!
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mamachia
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posted on October 9, 2008 01:18:30 PM new
Hi Shag,
I had a similar case last year as item not described claim. It was a brand new human hair wig that was part of 3 others that we sold at the time. She was the only one that filed a dispute claiming that the bangs were too short. I fought it as there were no bangs in the photo of this item and the 3 other buyers left me glowing feedback which I explained to Paypal. needless to say, I won the claim. I feel that it was a miracle knowing how paypal & ebay treat their sellers. But if she paid with a credit card, she still had that option to file with her credit card company. I had to wait 6-8 months before I gave my client his part of the sale.
So fight it you feel that she is a crazy b---h and wait it out if you win if she paid with a credit card.
Mama
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ladyjewels2000
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posted on October 9, 2008 02:12:07 PM new
I have a friend that just had the same thing happen. The buyer sent the sweater back via Fedex and paypal is returning the money as soon as it arrives(she will have to sign for it). My friend didn't say it was ok to return it but the buyer did anyway. My friend thinks that paypal told her to return it. I don't know if that could be true or not.
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shagmidmod
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posted on October 9, 2008 02:28:55 PM new
The bidder has sent their response to Paypal and paypal just emailed me requesting me to complete information. When I go to Paypal, I am directed to the dispute. It shows the following info and nothing more:
Buyer Complaint: Different Model
Seller Response: Blank box for my response.
Mind you, the sweater is vintage from the 1950's. I'm not sure how her claim "different model" would even be valid for this item.
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sthoemke
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posted on October 9, 2008 03:41:11 PM new
paypal may take the seller's side if you leave a blank response. If anything, I would simply state "photo was exact item" and "auction description did not state a model"
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hwahwa
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posted on October 9, 2008 05:02:03 PM new
I remmeber somewhere it said if a merchant accepts credit card,he has to accept returns.
Mail order catalog house and dept stores all accept returns .not sure how it applies to individual sellers on Ebay if she goes the credit card route.
Also if she attempts to return the item and the seller refuses to accept the return,she automatically wins the dispute and get to keep the item too!
You could call your own cc issuer and give them a case as if you are the buyer.
*
Gulag-a Soviet era concentration camp is now reincarnated as EBAY with 13,000 rules.
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wwwamericana
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posted on October 12, 2008 05:34:02 PM new
I would like to add a word or two about PayPal. A year or so ago, I sold a "salvage item" on ebay. I included about 10 - 12 photo's of the item and indicated in the description that it was a salvage item for use to someone who might be restoring a similar item. I offered insurance which the buyer turned down. She paid with PayPal. When the item arrived, she decided that it was a piece of junk and not usable and demanded her money back plus shipping. She also indicated that it had been crushed in shipment and was even worse now. I very politely referred her to the thorough description w/ regard to it being a salvage piece, to the multitude of pictures and to the fact that insurance was highly recommended. After visiting with PayPal, referring them to the description and pictures, they decided that the buyer should receive her money and her shipping costs. And NO explaination was given as to why this decision was reached by them. They paid her back the item cost out of my PayPal account but there was not enough in there to cover the shipping costs. I then was suspended from using PayPal until I funded the account for the money due for shipping. PayPal representatives were nice and seemed to agree with my side and could not give one reason why the buyer's money was refunded but nevertheless it was. I never used PayPal again! It appeared to be very one-sided and definitely not the seller's side. Now look at the dilema we're in with the mandatory use of electronic payments. I have been on ebay since 1996 with perfect ratings and have been very happy with my buyer's sending cash or money orders for their purchases. I do believe that ebay wants the "little guys" out of the way and is most definitely establishing policies that will force us out unless we agree to compromise our values and consent only to do it their way. Ebay used to be a really nice place to visit - I've shipped all over the world and made some wonderful international friends. AND they paid with money orders.
Sorry to take up so much of your time but I was really burnt by PayPal and don't believe that they have changed their ways.
[ edited by wwwamericana on Oct 12, 2008 07:01 PM ]
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ladyjewels2000
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posted on October 13, 2008 02:22:53 AM new
wwwamericana - so are you saying that the buyer didn't have to return the item? If they return and have proof, I know paypal gives an automatic refund but how can they allow the buyer to keep the item and get a refund???
BTW My friend got her item back on Friday. It was a NWT designer sweater. One of the tags was gone and there was a hole in the sweater. My friend is really ticked and ready to give up ebay.
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carolinetyler
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posted on October 13, 2008 06:39:06 AM new
If you want a real slap in the face - get this - I sold a Madeira (an area of Portugal that makes lace) tablecloth. International buyer pays $150 receives it and says it does not say Madeira on label. I explain to her it is not the name of a pattern, but a style and area and is characterized by certain stitches, etc, etc. etc..
She files Paypal claim saying it is a counterfeit. She receives a refund - including the $25 postage - and is told to DESTROY the item, not send it back.
~~~~~~~~~~~~~~~~~~
Caroline
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ladyjewels2000
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posted on October 13, 2008 07:56:42 AM new
Caroline - it's stories like that that makes me sick. You know she didn't destroy it.
I don't know if it helps or not but I take back any and everything. I won't even ask questions anymore.
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wwwamericana
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posted on October 13, 2008 03:08:11 PM new
In response to LadyJewels2000 - Yes she did send the item back but it was smashed into a thousand pieces and not even worth selling as a salvage piece. She had the option of buying insurance but she did not purchase it. I guess maybe since she RETURNED it, PayPal felt that she was entitled to a refund. I don't have problems with returns but the items need to be returned promptly, packed sufficiently, and received back in the same condition as they were when sold. This was not the case here. I felt PayPal was totally unjustified in returning her money and expecting me to pay all the shipping costs.
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