Buyer paid for one item & is angry it wasn't a lot - can he file a winning case?

[starlightshadowdust]

Hello!  I'm not exactly a new seller, but I've honestly never run into this problem.

I have quite a few listings that are multiple-item listings with the drop down menu, with each item assigned a specific price.  I had a customer use the menu and buy one game, and I shipped it promptly.

Today, I received a message from him asking where in the description it said that he wouldn't get all of the games.  I've explained to him that the very nature of the listing itself shows that it isn't a lot, nor did I title it "Lot of Xbox 360 games."  He chose a game from the list and paid.

It seems fairly cut and dry to me, especially since at the end of my listing I do say to send me any questions or concerns before buying, as I do not offer refunds.

Could he open and win and eBay case against me despite this???  I'm honestly just.  Kind of floored.  I've been selling for years, professionally and now in my own time, and I've never encountered this.

[klhmdg]

Any time a buyer files and Not as Described case the seller has 2 choices.

Refund or Return with refund. 
No return does not mean no refund in eBay land.

 I looked at your listings and was confused also. There is 1 listing that says “4 new....” and has a picture of 9 games.

Then if you read the description it is a choice of 1.

MOST buyers see the photo and maybe the subject line and buy.

Very few read... 

Your listings should be clearer. 

I suggest the title/subject only saying “PlayStation.... games.

Then in the description listings each game and its condition.

If the buyer files a case for Not as Described on this you will either need to send a shipping label to hopefully get your item back and then refund OR refund and loose the item.

Good Luck!

[starlightshadowdust]

Thank you for the advice!  I've changed the titles to simpler items; I go into a lot of detail in my description, so I'm not worried about that.

The customer hasn't taken any action or responded to me yet, but I did remove any confusing terms in the title.

[1959stratocaster]

Hello, If you are referring to the listing for the "XBOX 360 GAMES; SEE DESCRIPTION FOR CONDITIONS" it looks good now, but you made a Revision to the description 17 minutes before your post here.  

Was this to clear up any confusion that this was NOT A LOT?

If the original description implied the buyer would get more than one game as klhmdg pointed out, then a Not As Described case would be possible.

However the buyer may realize they just assumed and read the listing wrong and you'll be good.

Try to make all listings as detailed in words as you can in the future.  People see pictures before reading and think the picture is what they are buying.

Good luck!

[gracieallen01]

It sounds like your buyer would like to get something for nothing.  The only thing I think he might be able to open a case for is 'not as described'.  In that event, simply respond with:

Dear buyer,

I'm sorry you aren't pleased with the transaction.

Please return for full refund.

Best regards,

Seller

A dialogue will seldom produce positive results and a partial refund is a bad option to offer.  Overall, it sounds like bully tactics to get more than they paid for.

[divwido]

The phrase "your choice of XX XBox Games" would be so helpful.  Someone new to eBay isn't going to understand.

[1grandmashope_1]

This may be common practice for games, but I see it as a problem. Why not avoid confusion and list separately with a notation in the listing that you have others and will combine shipping.  More work, less confusion.  

I'm really amazed that this is the first issue to arise. 

I hope that this works out for you both, but I found at first glance your multiple item listings were somewhat confusing at first sight, but that's me.

Grandma

[silverstatetreasureboxes]

@1grandmashope_1 I'm surprised inhawaii didn't "raise" his hand up and say " and the answer is?"  😆 lol

[1grandmashope_1]

silver,

I smile more when I read your replies.  I absolutely enjoy you!

Grandma

[luckythewinner]

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@starlightshadowdust wrote:

Could he open and win and eBay case against me despite this?

---

If a buyer is determined to force a refund for "Not as described", he can generally find a way to do so.

Even if he loses the eBay case, he can always file a case with PayPal or his Credit Card company and take another crack at it after refining his approach. 

IMHO eBay's description of variation listings seems pretty clear that tehy are intended for true variations (color, size, etc.) and not for a list of multiple distinct titles like video games or record albums or DVDs. 

[gwzcomps]

Yeah I would not list those the way you are.  You are just asking for trouble.  You get 200 free listings a month.  Just list them all individually.  I see nothing on my end that shows you would exceed that limit.

[silverstatetreasureboxes]

Ahhh thanks grandma!!!

[fashunu4eeuh]

Yes, your buyer could open and win a case against you whether your listing was clear or not.

If the buyer does open a Not As Described case you have no choice but to reply "return for refund", and you pay the return shipping. Then if you feel you have grounds, you can appeal the decision after eBay finds for the buyer. But in this case i think it is unlikely you would prevail on appeal.

If you fight the case and refuse to refund, eBay will slap you with a defect on your account which can downgrade your standing, they will charge you the Final Value fees anyway after they remove your funds and reimburse your buyer in full with them. Then they will let the buyer keep the item as one more penalty for not handling the refund yourself. 

Ebay's primary goal here is to protect the buyer's interest at all cost, even if it is a bogus claim. But I wouldn't get into a twist over a single return since you rarely have problems with buyers, as your OP states. (Statistically you were bound to encounter one bad egg eventually, out of many years of smooth sailing.) So if you think your buyer will pursue the matter, one course of action is to proactively inform the customer that if he is unhappy, you will refund him in full after he returns the item, despite your No Return policy.  The aim of this is to avoid the whole issue of him opening a Not As Described claim to begin with.

Good luck to you and hope this situation gets resolved to your satisfaction.

[chapeau-noir]

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@1959stratocaster wrote:

Hello, If you are referring to the listing for the "XBOX 360 GAMES; SEE DESCRIPTION FOR CONDITIONS" it looks good now, but you made a Revision to the description 17 minutes before your post here.  

Was this to clear up any confusion that this was NOT A LOT?

If the original description implied the buyer would get more than one game as klhmdg pointed out, then a Not As Described case would be possible.

However the buyer may realize they just assumed and read the listing wrong and you'll be good.

Try to make all listings as detailed in words as you can in the future.  People see pictures before reading and think the picture is what they are buying.

Good luck!

---

Yes, the OP revised after taking advice from a poster upstream that suggested he clarify his terms. 

I'd just list the games separately and get rid of the problem altogether, or list them in a lot, but not as a multivariation.

[femmefan1946]

Since you have 250 Free Listings why bother with a confusing system at all?

Just list each different item with its price separately.

As for the Dispute tell the buyer "I regret you are disappointed with your purchase. Please return it for a prompt refund."

You might have to pay for the return shipping.  Maybe not.

But compare the cost of return and refund to the cost of your time. Here in BC the minimum wage is 24c a minute. At that rate how much time/money have you already spent on this?