posted on February 6, 2001 04:35:39 PM
Hi - I am selling some items that are factory sealed, never out of the box. My question is, if a buyer claims the item does not work, is broken or whatever should I refund, or refer them to the manufacturer?
I once sold a watch pkged in a collector tin, factory sealed and had it returned to me because it did not work. I refunded, but really have no way of knowing if it was the same one I sold them, or if it was switched.
Any suggestions? And any ideas on how to word this in my TOS?
As always, your help is much appreciated!
posted on February 6, 2001 05:58:17 PM
Hello tootsiepop!
I had an interesting experience selling facory sealed items that made me change my modus operandi when selling this kind of item.
All my sales of these "sealed" items went well until one day I had a buyer e-mail me that the item in the box was not what it was supposed to be. My first thought was "No way, it's factory sealed and they're trying to scam me!" As I thought about my reply, I checked out the buyers feedback. They were mostly a seller and they had excellent feedback in the high hundreds. Absolutely no hint of a problem. Their e-mail was polite and they seemed honestly baffled. So was I!
I decided to pay to return the item and send a replacement. This time, I opened the box and inspected the second item before sending. You see, because I had not done that before sending the first item, I really had no way to prove that the item in the box was indeed what was SUPPOSED to be in there.
Today, if I sell a new item that is in a sealed box, I open it to inspect it and then state in my description that the item was new but I opened the box to check it. That hasn't caused any change in bids, etc.
This way, I can be absolutely CERTAIN that the item I sent was correct and in working condition. You could also "mark" the item in some way to doubly insure that no switch could be pulled.
I think back to a time when I went to a local department store to buy a breadmaker that was on sale. When I got home and opened the box, the item had been used and was dirty! When I took it back, the salesclerk told me that this happened a lot and to open the box before I left the store. With her at my side, I opened 3 boxes that were also used units before finding a fourth that was OK. She said that this was a common problem in retail. People buy items, use them, and return them, carefully resealing boxes! She said they also would return really old useless items in a new box, like an iron she got back that was so old it had the fabric-wrapped electrical cord!
I guess if you got items direct from the factory you have some safety, but anytime you buy items off the retail floor, a sealed box means nothing. Too many devious folks out there!
posted on February 6, 2001 06:25:05 PM
Also I found out a lot of imported items are made on the same line for several companies.
A friend who works as a buyer for K-Mart has told me of getting skids of shirts with JCPenny labels in about half of the shirts.
posted on February 6, 2001 08:02:37 PM
It can happen. We sold a few jigsaw puzzles that had a different puzzle in the box than the picture on the front. Mfg took care of it, but we had to satisfy the customer first. Also sold factory sealed puzzle that had chocolate candy smeared on some of the pieces.
posted on February 6, 2001 08:29:42 PM
Early in my marriage I was nervous because I was cooking dinner for my inlaws. Everything was almost ready except for the vegetables. I opened the can of green beans I was going to serve and much to my surprise it was filled with water, but no beans. Fortunately, my inlaws knew how to ease my embarrassment.
posted on February 6, 2001 09:06:14 PM
Yes there are many factory mishaps.
All Items I sell that are new I stamp the bottom of the item with a blacklight stamp.
Much like they use in the bars.
This way I know if the item has been switched.
Joe B
posted on February 6, 2001 09:08:17 PMAnd any ideas on how to word this in my TOS?
When I was selling some new computer components last year, I put in the listing that all boxes were opened in order to pack items more securely for shipping and I received no complaints from the buyers.
posted on February 6, 2001 09:29:10 PM
One time a major national office store advertised some software that was free after rebate. The manager couldn't find the rebate and assumed that it was in the box. I told him I didn't think so since it normally has a sticker on the outside saying so, he then opened the box in front of me and then went and re-sealed it when he couldn't find the rebate in the box.
Another time, I bought software and I noticed that the shrinkwrap job looked homemade but bought it anyways. Sure enougth, there was writing on the booklet.
posted on February 6, 2001 10:22:51 PM
I sold a flag kit that was unopened and sold it "as-is" with a no return policy and said it was a grab bag item. Needless to say it went for nothing. Open it.
posted on February 7, 2001 06:29:12 AM
Twice I've bought CDs new and sealed from music stores, only to get home and find them without CDs inside! The music store clerk told me it happens on occaision--they just gave me another.
posted on February 7, 2001 07:26:03 AM
Chocolate it was. At least that's what the mfg said when I called - they had other complaints and traced it to a person packaging the items. I tend to trust people but I threw it out without further investigation.
kaffro
sorry about your Coke spew but I'm still chuckling over it having done the same thing once.
posted on February 7, 2001 08:07:10 AM
Thanks for all the input! I think I will inspect and reseal, and I like the idea of the blacklight stamp, may pick one of those up today.
I don't know if that will work for everything, I'm selling a discontinued board game, and have been e-mailed several times by buyers wanting to make sure it really is factory sealed. Guess they want to make sure all the parts are there.
busybiddy - I guess I hadn't thought about the wrong item already being in the box when it was sent out, but I'm sure it happens. My Mom works at Target and had a guy try to return his old smashed up TV in a new box. When she opened it up and showed him what was in the box he claimed to have "no earthly idea how that could have happened"! Yeah right!
anothertreasure - Gross! I hope it really was chocolate! What did the mfg say about it, that their employee was snacking on the job?
posted on February 7, 2001 10:03:54 AM
I bought a box lot of sealed computer games. Several of the factory sealed games had no disk inside.
Not my name on ebay.
posted on February 7, 2001 10:22:48 AM
I sell things like digital cameras. Sometimes they go straight from the distributor to the customer. Sometimes I get them from a liquidator and I ship them. If they go from the distributor, then the customer must return it to the distributor. I have never yet had a complaint of a used item but I did have two customers complain that the smartmedia card was missing and I replaced those since the distributor wouldnt. If it passes through my hands, I will open the box and test it. I will also write down the serial number. I have never had a problem but other sellers have told me how customers tried to return a different product than that which was purchased. I once shipped a camera to an army base overseas after testing it. The customer reported that it didnt work and sent it back. It turned out that the plug didnt work and I had tested it with my plug. Now I make sure to test the camera, the plug, the battery and the smartmedia card. If the customer tells me that he wants it sealed and does not want me to test, then the customer has to return it to the manufacturer if there is a problem.
posted on February 7, 2001 08:32:26 PM
I think a policy on this will really vary by the type of item. If the thing is broken then I think you should offer a refund. If they just changed their mind then I guess you have to decide how much of a loss it'd be if you gave them a refund.
I sell a lot of out of print, but still new & sealed CDs and videos. My return policy is that unopened items can get a refund, and opened items can get an exchange for the same title. This is the same policy that Best Buy and everyone else has. Otherwise everyone would be making CD-Rs of the stuff and my sales would go in the toilet.
[ edited by Kaffro on Feb 6, 2001 09:37 PM ]