Ebay seller chargeback advice - Buyer lost and demands money

[gphandley]

Hi.

 

I sold an electrical item on ebay that was brand new in the wrapping, and came with a manufacturer 3 year warranty. As part of the warranty claim the item would have to be returned to America, as it is an American item. I got confirmation from the manufacturer that the warranty is valid, before i sold a few of these items.

 

Everything was ok, and then i received a dispute case the buyer opened with paypal, item not as described, 72 days after the purchase date

 

Cutting a long story short i uploaded product photos, serial numbers, parcel weights, postage labels, and mentioned the 3 year warranty and I won the case.

 

In between him opening the case, and the final decision the buyer just send the item back with no prior communication and then a day or so later the case was found in my favour, the buyer is now demanding his money back by ebay message

 

Ebay online chat said paypal found the case in my favour and no action is required, not to refund, and not to send the item back. They said his bank has decided that and no action is required by me, and ebay cannot intervene.

 

What do i do, and where do i stand please??

 

All through this i would say the buyer has been short and not co-operative. I received not communication just straight to a chargeback, then when i asked what the reason was he replied it had stopped working and apologised, After pointing him in the direction of the manufacturer and all the warranty information he needed, he said his contract is with me, not the manufacturer so he will let paypal sort it out, then after saying that he returned the item to me without warning or approval and before a final decision had been made, and now he demands his money back.

 

The item came with a full 3 year no quibble warranty but i guess he does not want to pay return postage to America so has gone down the chargeback route. The warranty is shown in the photos on the product box.

 

Any advise please?

 

Thanks

 

 

Edited April 29, 2023 by gphandley

[Manxman in exile]

When you say "chargeback" are you saying (1) that the buyer has raised a formal chargeback claim with his bank to reverse the transaction (2) or are you just using the term as shorthand to say that he's asking you to pay him back?

 

1 hour ago, gphandley said:

... As part of the warranty claim the item would have to be returned to America, as it is an American item. I got confirmation from the manufacturer that the warranty is valid, before i sold a few of these items...

 

 

Is this a private sale?  You aren't a trader?

[gphandley]

Yes correct,

(1) He went to his bank and raised a formal chargeback and said it was not as described,

 

ebay then gave me the option to challenge the chargeback with his bank, or accept and refund him straight away.

 

After the chargeback was closed in my favour he is asking for his money back via ebay message.

 

Private seller 

 

 

Thanks

[dx100uk]

4 hours ago, gphandley said:

Ebay online chat said paypal found the case in my favour and no action is required, not to refund, and not to send the item back. They said his bank has decided that and no action is required by me, and ebay cannot intervene.

 

id leave it there, tough on him 

 

dx

 

[BankFodder]

So I understand that you have sold an electrical item to somebody on eBay and that after about 2 months or so it ceased to work .

The first question that comes to my mind is whether you sold this as a trader in order to make profit or you were simply having a clear out of your personal items.

 

[Manxman in exile]

He's already been asked and said it was a "private sale".

 

Mind you he has "sold a few of these items"...

[BankFodder]

I think it is going to be up to your conscience.

 

Although you are registered as a private seller with eBay, if you are selling multiples of these items and doing it for profit, then you are effectively a trader and you are bound by the rules contained in the consumer rights act 2015.

 

Trading doesn't necessarily mean that this is your sole activity. You could be trading items in your spare time for some extra money.

 

eBay rules about registering people as private sellers are slack, facile and have no particular legal status.

 

This means that the item you have sold must be of satisfactory quality and remain in that condition for a reasonable period of time.

 

If your purchaser came to this forum and asked for help, we would advise him to claim against you and I am pretty certain that he would win.