A buyer asked for refund for AS-IS item, and I offered partial refund, but he does not ship it back.

I recently sold HTC One S smartphone on eBay. 

 

I listed it as "For parts or not working" as its condition, and I said AS-IS and no refund or warranties should be expected. As it had physical damage (A crack on display), I listed it as "For parts or not working", and clearly said No Returns Accepted.

 

It sold very quickly, and I shipped it out quickly since the buyer had nice feedback score of over 200.

 

However, the nightmare started once it arrived.

 

A buyer claimed that it didn't work, saying that it gets service and gets disconnected constantly. However, when I tested it with my SIM before shipping it out, it fully worked (I even tested if mic and speaker work.)

 

I tried to help him with issue, although I was not obligated to as it was AS-IS item and clearly stated that no warranties should be expected, but he kept saying every methods don't work and want a refund.

 

He even tried to threaten me with calling me a cheater through eBay message, but I couldn't suspect that as a red flag(?) because I am quite new as a seller. I always require immediate payment and only ship within Canada because I was almost (but avoided) scammed by 419 scheme (i.e. buyer asking for shipping it to different address) before and take extra caution for new buyers, but I couldn't think of that possibility because the buyer had feedback score of over 200, and he was a member since 2013.

 

Even after keep explaining that it was sold AS-IS and I already stated no refunds should be expected, he kept insisting that he wanted a refund.

 

So I asked if I can offer a partial refund for a portion of device, since no refunds are supposed to be expected for AS-IS items. A buyer agreed to it, and revised his feedback.

 

When I asked him for returning the item, he said he will return it as he have money. This just enlightened me. I started to suspect something wrong with this.

 

1) He accepted offer of partial refund, and once he accepted it, eBay said the money was debited from my PayPal account. 

 

2) He tries to delay returning the item, unlike what most of buyers would do when they try to return the item (I am both buyer and seller on eBay, and when I ask for a refund, I ship item back as soon as possible, and this would what common buyers would do)

 

3) I listed it AS-IS and For Parts or Not Working. This should be displayed on item condition as well, which means the buyer should have known it. Even before I shipped it out, I also sent a message about that to re-confirm that he read and understood its description properly. Now he claims it has problem and wants to get a refund.

 

4) He sent me an eBay message that threatened me (i.e. saying that I am a cheater) during the process, after subsequent attempt to assist to resolve his issue (I provided every information to resolve such problems and claimed it didn't work. At first place, it was AS-IS item and listed as For Parts or Not Working. He should have been finding Used ones if he wanted to be guaranteed that it is fully functional)

 

5) He tries to make an excuse to delay the return shipping (He says he will return it when he gets the money)

 

I started to suspect something wrong, and I am feeling like I am being scammed by a buyer abusing eBay Money Back Guarantee or something. Which action should I take for now?

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Re: A buyer asked for refund for AS-IS item, and I offered partial refund, but he does not ship it b

mcrlmn
Community Member

Based on the buyers claims as stated, IMO you would also be responsible for providing a label or funds toward registered/tracked return of the dysfunctional item.

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Re: A buyer asked for refund for AS-IS item, and I offered partial refund, but he does not ship it b

No refund without return.

listed it as "For parts or not working" as its condition,

There was no expectation of it working then. The item was As Described.

said No Returns Accepted.

The seller is not required to pay for returns in that case.

But No Returns does not mean No Refunds.

 

 

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Re: A buyer asked for refund for AS-IS item, and I offered partial refund, but he does not ship it b

If your item description clearly stated the phone was not working and was for parts I would have stuck to my guns and tell the buyer the item was sold as none working condition and for parts.

eBay would have most likely sided with you, however, eBay has a history of abusing sellers.

 

Had the dispute been opened with PayPal your chances of winning are very good as PayPal will see the item was as described and will side with you.

 

For the negative feedback, it can easily be removed by phoning eBay. If he said something like "didn't work" because the phone was described as none working.

 

 

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Re: A buyer asked for refund for AS-IS item, and I offered partial refund, but he does not ship it b

That's now how it works. If you say that something works and a buyer says that it does not work,  your 'as is' statement will not stand up because the item is not as described. Saying the item works voids your 'as is, for parts' claim.   If an item is not as described, the buyer can open a claim based on ebay's money back guarantee.  And when an item is not as described, the seller has to pay for return shipping, not the buyer.  eBay has no way of knowing whether or not the phone actually works for the buyer so they are going to assume that the buyer is correct.

 

As far as getting the phone back...The only way the buyer has to send the phone back is if you pay for return shipping and then give him a full refund.  A partial refund generally means that you don't want the item back at all but that you are willing to provide a partial refund to make up for the problem.  If a buyer sends back an item that is considered not as described, they need to be refunded in full...not partially.

 

You really should read ebay's money back guarantee.

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