not accepting a buyer's return request and then buyer said item is defective

[anonymousmerchant]

I sold a brand new sealed Nintendo switch console, and after receiving it the buyer said they wished to return it because they changed their mind (they got another one). since my listing didnt accept returns and it was inconvenient for me to accept it, i rejected the return request.

fast forward a day or two and the buyer says fair enough but decided to open up the console to check if everything works before he resells. conveniently, he said something was wrong with the joycons and that the screen doesnt turn on/flicker etc. then he tells me he will take me to small claims court if we dont just work together for the return (he offered to return and take a smaller refund to help me pay for fixing it), since ebay cant do anything about it. 

what should i do? i asked for video proof and whatnot and hes unable to send it since "hes old and isnt good with technology" and wants to send picture proof of a blank screen?? 

[wrong66]

Should have accepted the return. This will likely not end well for you.

[m60driver]

Your only good option is to accept the return, which is what you should have done from the beginning.  All other options will end up being very poor choices on your behalf and in all probability the buyer will end up with a refund from Ebay and will also keep the item.  The threats of small claims were idle threats and quite humorous given that Ebay will be only too happy to issue a refund.  Again, there are no "no return" policies when selling online, none.

[anonymousmerchant]

why? i just contacted ebay and they told me i had no obligation to accept the return, and also when the buyer opened the return request it was because he said "he didnt want it" not that it was damaged. 

[anonymousmerchant]

I see... but both he and i contacted ebay and they said that i didnt do anything wrong as the buyer...

ebay also told me i didnt have to do anything on my behalf, and if buyer files a dispute theyd send the existing evidence 

[mtgraves7984]

You haven't said if the buyer actually opened a Return request. If the buyer does (for any reason), I'd recommend that you approve it. You'll be way more inconvenienced if you allow eBay to step in. Good luck.

[anonymousmerchant]

the buyer did actually open a return request and i declined it as the reason was he changed his mind. but thanks!

[cstpos · Accepted solution]

@anonymousmerchant  I learned here  on the message boards, that No Returns doesn't mean No Refunds. And the reps are correct, you don't have to accept a return. What they don't say is that you will still be required to refund the buyer AND that person gets to keep the item (because you declined the return).  If ebay has to step in because you can't come to a resolution with your buyer, they will also charge you a $20 dispute fee.

Just accept the return, send the buyer a return label, and wait to get the item back. I'm not sure, but I thought I saw where you can issue a partial refund if an item (that was sealed) is opened or is missing parts. I've never done it, so there are probably other factors that play into it, or it depends on how your listings are worded.

Once you get the item back, you have a very limited time frame to issue the refund. If you issue a full refund, you will get your ebay Final Value Fee refunded minus $.30. If you issue a partial refund, you don't get any of the FVF refunded. Add this buyer to you Blocked Buyer List. Good Luck!

[asset_liquidators]

Yes they did open a return request according to the OP. It was declined. Now the buyer is messaging the seller threatening to sue them in small claims court.

To the OP, since the buyer has threatened to sue you (they have no case and zero percent chance of winning), you should cease all communication with the buyer until you face them in court. (You wont be in court because they wont be filing).

[kensgiftshop]

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@anonymousmerchant wrote:

why? i just contacted ebay and they told me i had no obligation to accept the return, and also when the buyer opened the return request it was because he said "he didnt want it" not that it was damaged. 

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Now the buyer will file an INAD forcing you to accept the return and paying return shipping.

If you're lucky, you'll get your item back before having to refund.

[anonymousmerchant]

alright, seeing everyones replies here, i will try to work out a return with the damaged item with the buyer. thanks guys!

[mtgraves7984]

I'm not sure, but I thought I saw where you can issue a partial refund if an item (that was sealed) is opened or is missing parts.

@anonymousmerchant 

^^^ This protection won't work for you. You must be a Top Rated Seller offering 30-Day (or better) Returns, or a seller who offers Free Returns. 

[toysaver]

"hes old and isnt good with technology" 

Yet knows what a Nintendo Switch is and how to turn it on....  

[anonymousmerchant]

thanks! the buyer offered to return item and provide proof of shipping, as well as taking a smaller refund to "help me fix the item", so i should just accept that?

[mtgraves7984]

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@anonymousmerchant wrote:

thanks! the buyer offered to return item and provide proof of shipping, as well as taking a smaller refund to "help me fix the item", so i should just accept that?

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@anonymousmerchant 

Accept the Return? Or Accept issuing a partial refund? At this point, you can do either...

If the buyer returns the item, you'll have to issue a full refund. If you issue a partial refund, the buyer can keep it.

Edit to add: I rarely advise refunds without a Return. In my experience, if something sells once, it will again.