Sold defective item for parts or repair AS IS. - Now buyer claiming return because broken item
I sold an item on ebay and very clearly in title and description stated BROKEN - FOR PARTS OR REPAIRS. AS IS. NO RETURNS.
In description I was very specific on what exactly is wrong with it and made it clear that item does not work and if buyer is good at fixing things, he may want to give it a shot and see if he can get it working. But because of condition of item, it is sold AS IS, PARTS OR REPAIRS, BUY AT OWN RISK. NO REFUNDS. Of course for a greatly reduced price.
Buyer purchase item and sends a message with purchase stating "Well aware of condition. Go ahead and send it anyway. Thanks!"
Buyer receives it today and opens up immediate case - Item Not As Described. Wants a refund.
Claiming that he purchased it with assumption that it was a WORKING item but it is defective and does not work so he wants a refund. Yes. It is as stupid as this sounds.
I will not refund him. My choice on ebay is give refund, partial refund, or send message to buyer.
Oddly, there is no option to reject refund.
So I'm not sure what I'm supposed to do. I sent message back to buyer explaining that the description was very clear about it being a AS IS broken item for REPAIRS ONLY. Along with supporting evidence of buyer's message to me acknowledging it and explaining to buyer that I won't be issuing refund for that reason but wish him well. I was polite.
Not sure what I'm supposed to do now as my funds are frozen and there is no option on ebay to deny refund.
Am I just supposed to wait or what??
kh-stanley1
·1 year agoHi everyone,
Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread HERE if you wish to continue to discuss this topic.
Thank you for understanding.
bluegrassbargains63
·1 year agoAs a seller of radio communications on eBay I absolutely hate the way they handle these issues.
Buyer protection is one thing, but being forced to refund a buyer in this type of situation is absurd, and buyers take advantage of this especially when it comes to electronics.
They will often attempt to repair the item, and when they aren't able to they open a refund claim, or they have no idea what they are doing and end up ruining the item and then file the claim, and a lot of these returns are based on impulse buying where the seller makes the purchase and then regrets it, so they file a return claim.
The eBay buyer protection clause is so abused it's ridiculous.
The seller pretty much has zero protection when it gets right down to it, and it doesn't take much to put a guy like me who has a very small eBay store with a small profit margin, and is just trying to make a few extra bucks out of business.
The buyer protection clause needs to be revamped to give the seller at least some protection especially in the most egregious circumstances such as this, because currently choosing the "as is" option for your listing means nothing really.
broto_64
·2 years agoI believe you are fortunate the buyer was uninformed in ways of the Money Back Guarantee and when you declined the refund the buyer either:
a) did nothing, whether they were aware that you declined the refund or not...
b) Accepted your response and failed to realize they could escalate the case and have ebay's MBG force the refund.
And the case timed out and ebay released your fund.
You were right in not asking ebay to step in, in this case.
The buyer may still be able to open a chargeback with their credit card institution.
robbie31415
·2 years agoIt's pretty simple.
All electronic sales can be returned.
Saying 'As Is' means nothing.
Having a 'No Returns' Policy means nothing.
Even if eBay fought on your side, do you know what trumps eBay? Federal consumer protection laws.
If eBay took a stricter stance all that would happen is chargebacks would go up.
You'd still be out the money and eBay would have no say.
Then you could argue that eBay could expand seller protections for chargebacks.
Do you know who benefits from that ? Scam sellers selling INAD. Do you know who will suffer ? All the legitimate sellers who will have to fund the inevitable fee increases to support such program.
Do know what you should do since now you are aware they can return anything.
Don't call broken items 'new' and describe things fully.
Use condition message with all caps. DEFECTIVE / FOR PARTS - DOES NOT WORK.
that message needs to be put everywhere.
luckythewinner
·2 years agoHere is your title:
Nvidia Shield TV Pro 16GB 4K Streaming Player w/ remote (SOLD AS IS)
For future listings, I suggest you do something more like this:
(NOT WORKING PARTS ONLY) Nvidia Shield TV Pro 16GB 4K Streaming Player w/ remote
Also, this sentence needs to be fixed:
Condition: Unit is new. Less than 2 months old. Purchased 04/21/2024
Because a non-working unit that is two months old is not a "new unit". It is a used, broken unit.
For what it is worth, I googled "NVIDIA warranty support" and found this page, that explains exactly how to contact their support so they can determine if warranty repair is necessary:
https://www.nvidia.com/en-us/support/consumer/
inhawaii
·2 years agoYes, you will.
If you don't, ebay will do it for you.
Your only decision is ... do you pay to have the buyer ship it back -or- let the buyer keep it.
rugerskick
·2 years agoYou need to contact ebay and alert them about this, not only did the seller know what condition it was in, he sent an email saying so before you shipped. First block the buyer so they can't order anything else.
You will need to take the return, but once it comes back be ready to file abuse of inad / money back guarantee to force you to pay for a return for a damaged item the buyer KNEW was damaged. Further report the buyer, make sure to block from your store. The point to make to ebay is they knew the item was damaged, in the listing and their email replies before shipping, so filing an inad due to being damaged item actually confirms your listing was accurate/correct. I was successful in a dispute like this.
rudolphg76
OP2 years agoJust to update for anyone in the future who may have an issue like this. My payment has been initially placed on hold. I denied return to buyer but made my initial response to buyer explaining why I did that. Deadline passed and the option became available to "ask eBay to step in." I did not ask eBay to step in. Nor did I issue refund. Only my initial response to buyer with supporting evidence of my listing being "parts or repair only" and buyer's message to me upon purchase that he understands and that I should go ahead and send item. That was my only communication. After about 20 days or so, my funds were released by eBay and returned to me. That's about it. So, while I technically can't select "decline" as an option for a false INAD, I can respond to buyer with message, take no further action and wait for funds to be returned to me. I think it's kind of premature to just "send a refund" for false INAD cases though.
kensgiftshop
·2 years agoWait for the buyer to file a charge back with their payment source.
buyselljack2016
·2 years ago@rudolphg76
good to hear that the buyer inaction resulted in the funds release
To clear things up a bit for readers you may want to do a little editing to get the correct words in 3 spots. Buyer vs seller confusion 😊
You can use the dropdown arrow there on the right above the time to select edit.
rudolphg76
OP2 years agoOops. Don't why I typed it that way. Thanks for pointing that out. Corrected it.
buyselljack2016
·2 years agoIt happens. I don't type fast, but sometimes I type faster than I think 😂 and it doesn't say what I thought it did.
farmalljr
·2 years agoLike you were already told, unless you want a defect for refusing to handle the return, you better accept the return. Buyer is getting back the money either way. It's your account that will get a strike, not the buyer, if ytou refuse to handle a refund.
There is NO such thing as (as is, no returns, no refunds".
Not only can they go through eBay for a refund, they can also file a charge back with the CC company if a platform tells them no. Any way you bake it, buyers get refunds no matter what. It's really just up to the seller, how bad they want to abuse THEMSELVES before it's over.
sumsum70
·2 years agoYour only recourse is to show up at the buyer's address and make things right.
jg.mason
·2 years ago😂Yep show up and make a repair.
kensgiftshop
·2 years ago@rudolphg76
The only listing I see for Parts or Repair is:
"Nvidia Shield TV Pro 16GB 4K Streaming Player w/ remote (SOLD AS IS)"
Is that the item?
In your description, you put:
"Condition: Unit is new"
If you list it as Parts or Repair, Not working, don't put its new in the description.
Accept the return, pay return shipping and give buyer a full refund.
tobaccocardyahoo
·2 years agoBuyer probably attempted to file a warranty claim with Nvidia, which is what you should have done instead of trying to sell it as is. Had you previously registered it? But perhaps there is more to this story.
rudolphg76
OP2 years agoNo. There isn't more to this story. I went to Nvidias site and tried to do warranty. But they didn't have any option on there for warranty that I could find. It's a PITA. I figured it would be easier to just sell it for parts on ebay and buy a new one on Amazon. Get like 60 back from ebay and apply it to the new one on Amazon. Less hassle. Didn't think a numbskull on Ebay would buy a defective item, message me saying "Well aware of the condition. Send it anyway." and then open a case because "its not working." Had I known, I'd just warranty it.
chapeau-noir
·2 years agoI sell expensive fixer small appliances from time to time (coffee grinders, etc. - stuff where one can obtain parts) if I decide not to fix them myself, and finally just started listing them elsewhere.
dentalsales4u
·2 years agoIf buyer filed A Not as Described case, you will loose.
Buyer has a 30 day MBG per eBay.
eBay will force you to refund. If eBay has to force the refund (taken from you funds) they will refund the buyer, let them keep the item and you will get a defect on your account for non seller resolution which isn't good for you.
You're better off excepting the return and refunding when you receive the item back.
Or you can refund and let the buyer keep the item, that's up to you.
I would immediately block this numpty though.
deosilva19closet
·2 years agoIts kind of disappointed eBay Aloud the return. when the seller explains well and mention defective / for parts /to be fix etc... etc... "the buyer knows that is not working and wants to give a try because of the LOW price"
My question is:
what's the reason to sell for parts only if has to accepted the returns ?
just my thoughts 🤔
bonjourami
·2 years agoIm sorry to say that Ebay does not support 'as is' sales with no returns. He will probably win a nad case, Ebay will refund him, let him keep the item, and you will receive a defect.