Buyer wants to return an item that they have admitted to wearing and are damaged beyond repair

[peschano]

I'm a private seller with 100% positive feedback who sold a pair of shoes on a no returns basis.  These shoes had never been worn and were in excellent condition when sold.  The item was delivered by courier (with tracking).  The buyer messaged to confirm receipt and did not report any issues. 

1 week later the buyer messaged to say that after wearing the shoes 5 times they'd fallen apart.  They sent over some photos; it's not an exaggeration to say that the shoes in the photos look like they were chewed by a shark and most certainly can't be repaired or resold.

The following day the buyer filed a SNAD return.  I suspect that the buyer is trying to send me a pair of their old shoes.  The reason I suspect this is because prior to purchase the buyer made an inquiry and mentioned that they were looking to buy my shoes to replace a pair of theirs that had fallen apart.  

Now I understand that eBay has a money back guarantee for 30 days regardless of returns policy.  However, my understanding is that this applies to items that arrive broken, damaged or faulty.  In this case, the item arrived as described and the buyer has admitted to subsequently wearing the shoes. I have kept the messages in my Inbox so can provide proof to eBay if required. 

My question is 3-fold.  Firstly, is the buyer entitled to a refund even though they didn't report a problem on receipt and subsequently used the item several times?  Secondly, what's the best way of handling this situation (I don't want to fall foul of a procedural technicality)?  Thirdly, if the seller leaves negative feedback, can I get it removed?

Many thanks in advance.

[anasazirose]

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@jman0312 wrote:

The buyer isn't entitled to a refund, you don't offer refunds, they got exactly what you described, end of story. Any other outcome would be an unfair partnership with ebay. 

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OP doesn't accept returns.  While to a normal thinking person, that means no refunds.  To ebay it does not mean that.  It only means that the buyer will get refunded by the seller and most likely will not have to return the item.

[anasazirose]

I'd love to see the before and after pics.

[peschano]

Thanks to all for your responses.  After taking these into consideration I decided to bite the bullet and accept the return.  I received the return parcel but there is another problem.  Firstly I'm not convinced that these are the same shoes I sold.  Moreover, not only are the shoes damaged but some items are missing.  The shoes were sold in their original box together with a carry bag, shoe horn, and cleaning cloth (all of which were included in the listing).  All of these items are missing and there's no box.  The buyer sent just the shoes loosely packaged in a plastic bag.  As it was pretty obvious on receipt that the shoes were not boxed, I took photographs and made a video of the parcel opening.  I would appreciate some timely advice on how to take this forward with eBay.

[three.kings]

I’m pretty sure I had this same person shop my store for a pair of shoes they bought. It went the same way you’re explaining it. Contacted me a week or so later with the same exact story saying they bought the new ones to replace old. Sent pictures of the tore up shoes. I could instantly tell they were not the same shoes. I contacted eBay with the messages they sent. eBay played in my favor. I think they know when it’s a scam. The buyer was rewarded nothing and any negative feed back they may have left eBay removed. 

[doug_5857]

I wish I could give you 2 Thumbs UP. Great advice for the OP. I really hope it helps.

Maybe this buyer is on eBay's radar screen hopefully and another complaint will get rid of them.

[peschano]

Having received a parcel containing incorrect and missing items, I reported the matter to eBay.  I also filed reports for abusive behaviour and breaking member policies.  eBay decided on a 50% refund; not ideal but judging by the responses I've received, not to be sniffed at either.  The buyer, predictably, wasn't happy with eBay's decision so he left negative feedback in retaliation.  This was removed.  Thank you to everyone for your valuable input.

[chars_closet8685]

I am in a similar situation with a buyer. I sold a really nice coat….worn once and in excellent condition. The buyer requested a refund and stated she wore it to lunch and the coat disintegrated into shreds. Claiming that the coat isn’t as described in descriptions or photos. Meanwhile she received the item on Tuesday and waited until a day after it “disintegrated into shreds” to request a refund. I has asked for pics of the “ disintegrated” coat….she sent a pic of my pic from the original listing. I asked again for pics of it but no response. I spoke with eBay and have received conflicting info. 

[csuzspin]

Interestingly, my situation is almost exactly like yours.  I have a Top seller rating, etc.  A buyer just purchased a belt, received it on 2/29 and yesterday sent a message with a picture that looks just like you describe saying it “broke” after he wore it 2 times.  The belt was in excellent condition when it was sent and he didn’t report anything wrong upon receipt.  I have submitted a buyer abuse report to eBay and am waiting on the reply but from what everyone is saying here, it sounds like I will have to refund the money.  I’m wondering if I only have to refund the cost of the item or the shipping also.  I had already discounted the item to him per his initial request to begin with so he obtained the purchase at much less.  I’m not entirely sure it’s even the same belt or one of his old belts either as this buyer did not submit a return request or anything through eBay channels other than sending me a message requesting a refund.  

Interestingly, I had a similar situation last week with a person who filed a “not as described” for a walking coat saying she expected something entirely different even though the pictures before sale were very complete.  I have never had any return requests previously so this is all new to me also.  eBay encouraged me to allow the return or negotiate with the buyer which I ended up doing but it was a lengthy back and forth as she didn’t accept my first offer, I told her to return the item and then she came back with another offer asking for more money saying she would accept the greater refund and donate the item to Goodwill (which I think is probably a hoax).  I was so exhausted after calling eBay 4 times, going back and forth with the buyer I just accepted and gave her the greater amount.  She then (surprisingly) put a good review on the item but her last private message to me was all cheery and said it was a win for both of us because she didn’t really “know” what a walking coat was and it didn’t meet her expectations vs it not being as described in my listing.  So, she admitted falsely filing the request but then ended up with a greater refund on the item and keeping the item which is probably what she wanted in the first place.  And, I had already again, discounted the item when she made the offer to buy initially.  From what it sounds like, there is very little recourse for the sellers when someone requests a return or tries to perpetrate a scam.  I don’t know that you have much recourse other than to refund and it sounds like this is pretty much the case for all of us who get requests for refunds or returns.  Good luck with yours!

[powell-memorabilia]

If you bought a pair of shoes, and they fell apart after a handful of uses, would you want a refund?