eBay seller advice

[Weston]

I've just sold a broken ps3, sent it off and now the buyer wants a refund as it's not as described. Allegedly the Blu ray lead is damaged. It was sold for parts as a non-working item. However, I said in the description it just needed a new drive to make it work. Im not sure what the impact of the damage means but they claim its of no use to anybody.  Where do I stand legally and in the eyes of eBay? I know they tend to be more about protecting buyers than sellers. There's not a lot of money involved, I just don't wanna be a mug and accept it back if I don't have to.

Thanks,  Chris

[JPC]

its a hard one, but you shouldnt have said about the drive. just left it as for spares. I bet you were only doing it to be helpful though, which is a shame when something like this bites you in the arse.

If it was me, id probably have it sent back and re-sell it. For the sake of 20 quid and another few days, its easier to keep people happy ;)

[keith]

I think your better off taking it back, but they must return it at their cost, and if you had it signed for then same applies back to you. As I think ebay will side with the buyer.

[Blake-R]

I agree with JPC. unfortunately by stating all it needed was a new drive you have given the buyer all the ammunition he needs i'm afraid. Also sellers aren't very well protected on eBay these days and will always 95% of the time favour the buyer, as in eBays eyes they can't do any wrong, which is a shame really.

Personally i would get the unit back, refund the customer and apologise that he wasn't happy with the service, i know it's a pain but i just think these types of customers will carry on until tehy get there way. Just curious do you sell a lot on eBay or is it every now and again?.

[Weston]

Cheers for the help guys, I'll accept the return. I know I shot myself in the foot but I was trying to be helpful. I have sold a lot through eBay and normally have something for sale, but I've never had any issues from selling, just buying. One more quick question...do I have to refund the full amount paid including postage?

Thanks again 

[JPC]

yes i think so mate. Someone (like keith) who will be more familiar with the rules of distance selling will be able to clarify though.

[182_blue]

Hard to check now but i would suspect that parts inside have now been swapped 

[Weston]

Hard to check now but i would suspect that parts inside have now been swapped 

You may be right. I've no way of proving this if it had happened 

[182_blue]

Yeh i know of people having ha this happen to them, the stuff inside had been obviously swapped for old damaged stuff, its a free way for them of fixing there broken item 

[Blake-R]

Don't items like PS3/Xbox have a seal? so if they are opened it either rips off or the barcode numbers peal away?. Helps them with warranty goods?. You probably already know this weston, but have had friends do it!! don't refund the customer until you have received the unit back.

[182_blue]

The buyer will have iantled it to check it anyway so not sure that will help him

[smoftah]

You do not have to give a full refund. Offer a refund less your post and packaging costs to start with and they must return the item back at their expense. After you have examined your item you should then give the partial refund 

[Weston]

You do not have to give a full refund. Offer a refund less your post and packaging costs to start with and they must return the item back at their expense. After you have examined your item you should then give the partial refund 

So I'm not obliged to refund the initial postage costs? I would never cover the cost of returning. Once I've given a refund of the purchase price, can the buyer open a case or dispute for the postage still?

[Betty02]

Try play catch. Tell him you have noted all serial numbers of both internal and external parts and if any do not correspond then you will not give a refund. Then get them to send it pack, just have a look see what you think then offer a part refund.

[keith]

Here's ebays rules
Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.

ALSO


Do I have to refund a buyer if the item is faulty or damaged?

of ‘satisfactory quality’;

‘as described’; and

‘fit for purpose’.

If an item you sell doesn't conform to these criteria, the buyer has the right to request money back within a "reasonable time". What is considered a "reasonable time" varies from item to item. For example, a pair of skis is unlikely to be used straight away, so a "reasonable time" is likely to be longer than for an item normally used on a daily basis. Other factors may also affect what is defined as a "reasonable time" for specific items.

In addition, the Sale and Supply of Goods to Consumers Regulations 2002 gives consumers a right to a repair or replacement where goods turn out to be faulty.