The perils of an Ebay high-value sale

[Fastpedaller]

Can anyone tell me about the 'stance' of Ebay regarding buyer/seller disagreement? Without giving too much detail, we sold an item and immediately after the sale, the buyer sent us a message saying how they wanted us to package it because they had bought one the same and it arrived partly broken. We responded quickly, saying we would only package it in the the manufacturer's dedicated packaging, with a second box around that to minimise the risk of damage. There were 3 attempts to deliver it by Royal Mail and the buyer asked for our help, so we suggested a 'safe place' could be nominated if they wouldn't be in when it was delivered. After delaying 40 hours post -delivery, they have contacted us, stating it is partially broken, but the missing part isn't in the package, they have also sent a photo of the area where they say the part is missing. Our response is that we don't believe it was broken when it left us, and the photo they have sent is the same as one in the selling advert.
If necessary we will ask Ebay to intervene, but I recall reports in the past from people saying Ebay always favour the buyer.
We are not experts on the item in question, but consider we have done nothing wrong and the buyer should have seen that this part was in question or asked for more photos (in addition to the 12 in the advert) if they were unsure whether the item was what they wanted.
Does anyone have recent experience suggesting Ebay closely examines the views of both buyer and seller before making a decision? It was (likely, of course ) the first high-value (just under £200) item we have sold, after 20+ years of using Ebay with no problems.

 

[Drago]

When a buyer pirchases an item it is up to you to ensure they receive that item exactly as described. Your responsibility in that regard doesn't not end simply because you gave to parcel to the Royal Mail, or whoever.

Now, I know youre an honest chap and you sent it intact and well packaged.

However, the buyer is claiming otherwise, and unless you can evidence that it was delivered intact and theyve damaged it themselves then eBlag will almost inevitably side with the buyer, because CRA 2015 leaves them no other choice.

 

[sungod]

from what you wrote, it's unclear whether the part is "partially broken", "missing", "broken", or "in question", whatever that may mean

if you're expecting a dispute, you will need to be accurate and consistent, otherwise your chance of prevailing is zero

 

[Fastpedaller]

When a buyer pirchases an item it is up to you to ensure they receive that item exactly as described. Your responsibility in that regard doesn't not end simply because you gave to parcel to the Royal Mail, or whoever.

Now, I know youre an honest chap and you sent it intact and well packaged.

However, the buyer is claiming otherwise, and unless you can evidence that it was delivered intact and theyve damaged it themselves then eBlag will almost inevitably side with the buyer, because CRA 2015 leaves them no other choice.

They don't believe it was damaged in transit, but suggest we sent it damaged.

 

[Fastpedaller]

from what you wrote, it's unclear whether the part is "partially broken", "missing", "broken", or "in question", whatever that may mean

if you're expecting a dispute, you will need to be accurate and consistent, otherwise your chance of prevailing is zero

Ok. It was a china flower; they say a petal is missing and have sent a photo (of where they say it is missing), which is identical (but not a copy of) a photo in the advert. This is one of (probably) 18 in total.
I say it's like, if I was buying a bike and the rear mudguard wasn't in the photo, but I expected it to be there when I received it. If I was concerned whether the seatpin could be removed, I'd ask the question or suffer the consequences.

 

[All uphill]

Ok. It was a china flower; they say a petal is missing and have sent a photo (of where they say it is missing), which is identical (but not a copy of) a photo in the advert. This is one of (probably) 18 in total.
I say it's like, if I was buying a bike and the rear mudguard wasn't in the photo, but I expected it to be there when I received it. If I was concerned whether the seatpin could be removed, I'd ask the question or suffer the consequences.

I think you are unlikely to prevail; the buyer would reasonably expect the item to be complete and undamaged unless you have been explicit that a part is missing.

For example, I recently bought a board game described as ready to play. It was missing a couple of playing pieces and when I contacted the seller they immediately apologised and returned my money.

 

[Pat "5mph"]

Ok. It was a china flower; they say a petal is missing and have sent a photo (of where they say it is missing), which is identical (but not a copy of) a photo in the advert. This is one of (probably) 18 in total.
I say it's like, if I was buying a bike and the rear mudguard wasn't in the photo, but I expected it to be there when I received it. If I was concerned whether the seatpin could be removed, I'd ask the question or suffer the consequences.

Is the petal missing because the item is faulty?
Normally a seller makes sure to put imperfections in the description, because you can't count on buyers looking carefully at every picture.
Like we all know folks do not read signs, a short attention span is the norm nowadays!

 

[Drago]

They don't believe it was damaged in transit, but suggest we sent it damaged.

And proving otherwise isnthe problem you have, unless you had an umpire present to witness you boxing it up and will provide a sworn affidavit.

 

[bikingdad90]

Points to consider;

Was the item complete at time of sale or marked as damaged/incomplete etc and an explainer of the problem in the eBay listing?

In other words does it mislead the buyer, otherwise buyer beware applies but remember that you must not use misleading descriptions or omit crucial information that would influence the buyer's decision; doing so is a criminal offence

Did you take any photos of the packaging process and completed package that could “prove” it left your hands in good condition?

If you don’t respond to a claim, eBay will automatically side with the buyer. Is it reasonable for you to ask the buyer to return the item to you and you can then resell it on?

Are you a private eBay seller or a business eBay seller? If private, then the cooling off doesn’t apply so they can’t return without a reason.

 

[Fastpedaller]

We are a private seller, the item belonged to a late relative. We took photos and video of the packing process.
A few minutes ago we had a message from the buyer saying they are really pleased with it, and that it was a family member who suggested there may be a petal missing. We had acknowledged the seller's delight in the item. It doesn't look like they would now have a hope of trying to convince Ebay otherwise.
Thanks to all for your comments.

 

[Fastpedaller]

One thing this 'hassle' has taught me ...... I'll now consider adding into any descriptions "please use the attached photos to ascertain if the item is suitable for you, additionally ask any questions if you have concerns or want clarification about the item or specific photos.

 

[steveindenmark]

I would give them their money back, plus postage and have the item returned.

 

[Fastpedaller]

I would give them their money back, plus postage and have the item returned.

We were happy to do that if it came to it (as long as it arrived back to us exactly the same as it had left us), however, the buyer has now decided the item isn't damaged or missing anything and they are delighted with it.

 

[palinurus]

If necessary we will ask Ebay to intervene, but I recall reports in the past from people saying Ebay always favour the buyer.

While that might be the case I had an international buyer for a bicycle who was being a pain in the arse and eBay found in my favour (I had to call them about it and they were- well, much more helpful than I expected)