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By smithy
Date 05.05.14 15:32 UTC
I sold a small kitchen appliance on Ebay for £8. It was used but was working when I tested it before selling it. The buyer has had it over a month now and has said it has stopped working and wants to return it for a full refund and the cost of postage. As it was working originally I am reluctant to refund as it was second hand in the first place. And the postage I quoted for sending the appliance was underestimated so it cost me £5 more to send the appliance than I charged the customer. so I only made £3 on the deal. If I have to refund the £8 for the appliance plus another £12 postage I will be considerably out of pocket. Does anyone know what the rules are? thanks
I would have thought if it was working when they received it then they don't have a complaint. If they open a case with the resolution process with what you said I wouldn't have thought it would rule in their favour.
Ask them to return the item to you at their cost to prove its not working before deciding about refunds.
Did they open a complaint through eBay? If they did then that process can be escalated for dispute resolution by eBay themselves and it will fall to them to make a decision. If you received payment via Paypal then eBay will automatically issue the refund after the process is complete - if they find in buyers favour. It's worth noting though that the buyer has to make their complaint within 30 days of receipt of the item.
It doesn't sound to me like your buyer has much of a case though in that the item was received and acknowledged to be working - hence the statement that it has since stopped working. It may come down to whether one months use is deemed acceptable and whether they are inside eBays complaints deadline...
If you did decide to offer a full refund (or were instructed to by eBay), remember that you do not have to ask for the item back. No point paying for postage on a item that doesn't work, unless you are planning to fix it. You could simply write it off.
By Tectona
Date 05.05.14 16:28 UTC
Edited 05.05.14 16:31 UTC

It says here on the distance selling bit that they have to return at their own expense within 7 days but I'm not sure if that'd count if it was ffaulty. It's second hand though! If I bought something second hand and it stopped working after a month I'd be a bit annoyed but def wouldn't expect the seller to be liable. If it was as described I doubt there's any basis for a complaint.
http://pages.ebay.co.uk/safetycentre/rights.html
If a second hand electrical appliance is sold working and then stops working after a month, comes under bad luck I'm afraid, no legal guarantee with such things and not covered by any consumer act.
You don't have to give a refund, not only are second hand not guaranteed when sold on ebay, but, who knows what they may have done to make it not work, too much of a mindfield which is why legally they have no compensation to fall back on.
Just say sorry for whatever reason it has stopped working but as they know a month ago it was in working order, so no refund.....
By tooolz
Date 05.05.14 19:17 UTC
EIGHT quid?!?
They've got to be joking.
Exactly, some people eh! ;-)
By smithy
Date 06.05.14 07:36 UTC
Yes they have complained through ebay. When I checked it was 28 days since the action ended. so 26 since they received the item. I tested it before sending it and it seemed to be working fine. It cost me nearly £13 to send the item and as I under estimated the postage I only charged them £7 for postage. I will definitely tell them not to return the item as I don't want to pay the return postage. I wouldn't mind but the item was worth £50-£60 quid so they got a bargain. I was gutted that it went so cheaply although that is probably for the best since they say it doesnt work now.
I wouldn't give in too easily. You sold the item as working - it was. You aren't really accountable for what happens next.
Use the response process on eBay and advise that you do not think you are liable for these costs.
Just out of interest: What was the initial reason for the complaint i.e. what title did they hang this under. I know some of them such as "Item Not As Described" "Item Not Received" but I can't see what your buyer can have used. For instance, item not as described is only used if the item doesn't work on receipt - NEVER works
Whatever happens next you have to write off your postage loss. That is your mistake - and quite an expensive one. IF you do decide to ask for a return (if eBay uphold the case for instance) then you could simply ask your buyer to use a cheaper carrier. I'm assuming you used Royal Mail? Look at MyHermes and it will cost you less than £5

I would just state the item was working when it left you, working when it arrived, and that after that it's the responsibility of the new owner. How do you know they didn't do something stupid to break it after a week anyway???
so sorry to be the bearer of bad news but I know that from past experience ebay and payal will favour the buyer. I sold a blower vac for £13 which originally cost over £150.
42 days after the item was delivered it "apparently" stopped working and ebay decided I should accept the return and fully refund the buyer. The item was returned in a completely disgusting state.. no wonder it had stopped working...
although I sent pictures of before and after pictures to ebay stating I could surely not be held responsible for someone elses obvious neglect of the item the case found in the buyers favour and I was forced to refund. (both ebay and paypal account blocked)..
My daughter had a similar experience when she sold her wedding dress.
It was unused and complete with veil. It cost her £400 in the sale but she called the wedding off and eventually decided to remove the memories. It sold for £75. Was parcelled up and duly posted to the buyer.
A fortnight later they opened a dispute through Ebay stating that it smelled very strongly of smoke and was absolutely unwearable. My daughter replied that she had never stated that it was a non-smoking household, but surely an hour blowing in a breeze in the sunshine would remove any smell.
Ebay decided she had to refund the money and take it back. When it arrived it was minus the veil and minus the high class garment bag and had obviously been worn. Ebay ignored all her comments. She refused to refund so they took it from her paypal account anyway and closed her account.
I've never heard of the seller winning
By Dill
Date 06.05.14 11:50 UTC
Darwin awards,
Are you sure you even had the item you sold back?
Sounds like a great scam to me.
Your electrical item has stopped working/broken. It will cost xxx to buy another one new, so you buy a second hand one on ebay and after a short time claim it stopped working. You get to keep the new one, send the seller the old broken one,
and get your money refunded too.
Perhaps in future, it would be worth marking any items with
a security pen in a hidden area, so that you know if it's the one you sold being returned ?
Dill,
I never even thought of that, but then my husband does say that I look at the world with rose tinted glasses. I just hate to see the ugliness in people.....
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