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Forgive the long winded post but hopefully it makes sense.
I sold a set of Star Wars sealed steelbooks, 11 in total. The buyer received them & then I got a message a week later stating exactly this: “Hi, I received steelbook protecters on Saturday so yesterday I opened the star Wars steels to put them into the protecter cases but I found every steelbook had scratches except for two, so I talked to ebay this morning and explained the case but I made it clear that it wasn't the sellers fault. I just thought I'd let you no.”
The buyer opened an item not as described case & as I know how eBay work, I knew that I’d have to accept the return based on the info provided & refund the buyer. I asked that the buyer return the steelbooks with the cardboard inserts as that is the only way I can approach Zavvi for replacements if the items are scratched. He then sent this response “Hi, I'm sorry but I binned the packaging like I do with every steelbook I buy but I had a refund for a steelbook from zavvi about 8 months ago so you shouldn't have a problem. I sent back the spare empire steelbook case.”
I then queried this because why would you throw away the packaging knowing items are damaged & you are not keeping them, it makes sense to keep the packaging. After all, the buyer said he had immediately noticed the damaged. The buyer then gave a different reply “I didn't no they was a problem with the steelbooks when I threw away the packaging if they were in good condition I'd keep them so there wouldn't be a problem. theres one dent on episode 3. I've accepted returns without packaging because if the wasn't a problem with the item to begin with there would be no need for a return”. So from having immediately seen the damage upon opening, suddenly he didn’t know there was a problem & that’s why he threw the packaging away?
Again I sought to understand the facts as he was contradicting himself. I asked why would you continue to open items when you can see 1,2,3 are damaged, why would you throw away packaging when you know you aren’t keeping the items. His next reply was different again “Sunday morning I opened them and put them in protecters so I threw away the packaging then On Sunday evening around 5 30pm I Decided to watch episode 1 then noticed the scratches then I checked the others so no contradiction. When you receive them you'll notice yourself that the scratches aren't Easy to see so I really thought they were fine.”
I am fighting this with eBay who it appears are going to force me to refund the buyer but how can this be right when 1) the buyer has clearly used at least one of the DVD’s 2) he states he immediately knew they were damaged then changed this to he didn’t know immediately 3) he then states he has put them into plastic display cases (which most likely caused the scratches) after saying firstly he’d only received the display cases but noticed damaged in the steelbooks as he opened them 4) He has ignored my request to send back the packaging I need to get returns from the original retailer by stating he has thrown the packaging away.
My consumer law is not great & I understand buyers have to be protected when they are sold items not as described, but what about genuine sellers who are being taken for a ride. The buyer has opened the steelbooks, placed them into plastic cases & watched at least one after initially telling me he immediately noticed they were damaged, and thrown packaging away that he knows I would need to get recourse from a retailer. He now wants a full refund which to me is a bit like watching a tv, throwing the box away, you’ve scratched it on installation & now you want your money back, I’m pretty sure the retailer will say no & will be within their rights to do so? Can I fight this with eBay, do I have a case not to refund or has the buyer actually got a right to open my products, display it, watch it & then return it damaged & not a sold for a full refund?
I sold a set of Star Wars sealed steelbooks, 11 in total. The buyer received them & then I got a message a week later stating exactly this: “Hi, I received steelbook protecters on Saturday so yesterday I opened the star Wars steels to put them into the protecter cases but I found every steelbook had scratches except for two, so I talked to ebay this morning and explained the case but I made it clear that it wasn't the sellers fault. I just thought I'd let you no.”
The buyer opened an item not as described case & as I know how eBay work, I knew that I’d have to accept the return based on the info provided & refund the buyer. I asked that the buyer return the steelbooks with the cardboard inserts as that is the only way I can approach Zavvi for replacements if the items are scratched. He then sent this response “Hi, I'm sorry but I binned the packaging like I do with every steelbook I buy but I had a refund for a steelbook from zavvi about 8 months ago so you shouldn't have a problem. I sent back the spare empire steelbook case.”
I then queried this because why would you throw away the packaging knowing items are damaged & you are not keeping them, it makes sense to keep the packaging. After all, the buyer said he had immediately noticed the damaged. The buyer then gave a different reply “I didn't no they was a problem with the steelbooks when I threw away the packaging if they were in good condition I'd keep them so there wouldn't be a problem. theres one dent on episode 3. I've accepted returns without packaging because if the wasn't a problem with the item to begin with there would be no need for a return”. So from having immediately seen the damage upon opening, suddenly he didn’t know there was a problem & that’s why he threw the packaging away?
Again I sought to understand the facts as he was contradicting himself. I asked why would you continue to open items when you can see 1,2,3 are damaged, why would you throw away packaging when you know you aren’t keeping the items. His next reply was different again “Sunday morning I opened them and put them in protecters so I threw away the packaging then On Sunday evening around 5 30pm I Decided to watch episode 1 then noticed the scratches then I checked the others so no contradiction. When you receive them you'll notice yourself that the scratches aren't Easy to see so I really thought they were fine.”
I am fighting this with eBay who it appears are going to force me to refund the buyer but how can this be right when 1) the buyer has clearly used at least one of the DVD’s 2) he states he immediately knew they were damaged then changed this to he didn’t know immediately 3) he then states he has put them into plastic display cases (which most likely caused the scratches) after saying firstly he’d only received the display cases but noticed damaged in the steelbooks as he opened them 4) He has ignored my request to send back the packaging I need to get returns from the original retailer by stating he has thrown the packaging away.
My consumer law is not great & I understand buyers have to be protected when they are sold items not as described, but what about genuine sellers who are being taken for a ride. The buyer has opened the steelbooks, placed them into plastic cases & watched at least one after initially telling me he immediately noticed they were damaged, and thrown packaging away that he knows I would need to get recourse from a retailer. He now wants a full refund which to me is a bit like watching a tv, throwing the box away, you’ve scratched it on installation & now you want your money back, I’m pretty sure the retailer will say no & will be within their rights to do so? Can I fight this with eBay, do I have a case not to refund or has the buyer actually got a right to open my products, display it, watch it & then return it damaged & not a sold for a full refund?
