Help with refund issue

[patternsaver]

I need some advise from board members.  

I  sold a sealed tube of a perfumed lotion. The buyer got it and sent a rather nasty note saying the item smelled "bad" and demanded a pre-paid label to send it back.

Not sure how to respond to this.  The tube was sealed and not old, so I don't know what happened, but since it was opened (and possibly tested by her?), I don't want it back.  Maybe it was bad or just not as she remembered the scent?  

No case has been opened.

Would you just issue a refund? Demand return at her expense? Offer a partial refund?

If a case is opened, can I argue that the seal was broken and it is not as sent and refuse the return and win?

Not a lot of money involved here but I was shocked by the rudeness of the message.

[chrysylys]

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@patternsaverwrote:

No case has been opened.

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Do nothing until or unless one is.

[bigdeals.etc]

Do you accept returns? If you do, then I would nicely apologize for the inconvenience and that you wouldn't want her to keep an item she didn't like. This is risky but I would tell her to file a return request for a refund thru ebay saying she didn't like the item. You will refund her when the item arrives back to you. I know you don't want the item back but this might protect you from feedback.

It sounds like the buyer doesn't wanna pay for return shipping. If they DID file a return with didn't like it, it will be remorse and the buyer will have to pay for return shipping. If they fail to do so, you can close the return out in 5-6 business days and the buyer can't leave you a feedback. If they return to you, make sure you check the item. If it is the one you sent out, check to see if it is in fact defective. If it is then just refund in full and provide them the return shipping cost. If it wasn't defective just refund as you would a normal remorse.

or you can just wait like the previous post... that's fine too. But if they open a case that way you can bet it will be a SNAD.

[myboardid]

Reply:  "I'm sorry you are not happy with the (item).  Please return for a refund of your purchase price." 

Do NOT say another word other than this answer.  Repeat it, word for word, as often as necessary if she replies.  Say NOTHING else.  If she opens a case, accept the return. 

My best bet:  She is angling for a free tube of lotion, she won't bother to send it back.  She probably pulls this with everything she buys, and won't want it to be obvious, so she won't leave any feedback.  She is just a scammer and a thief.

Again - ONLY use those words, don't argue, don't offer anything else, just repeat as many times as necessary. 

[coolections]

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@myboardidwrote:

She is angling for a free tube of lotion, she won't bother to send it back.  She probably pulls this with everything she buys, and won't want it to be obvious, so she won't leave any feedback.  She is just a scammer and a thief.

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Wow , you sure do know a lot about that buyer. Do you know her name and have you actually witnessed any of that ?

[lintbrush*]

If the buyer claims the lotion is bad, even if they broke the seal, you wouldn't win.

A consumer would have to break the seal to use the merchandise.  It's warranty of merchantability.  The item has to work as intended.

If you sell me perfumed lotion as usable, I have to be able to use it.

If you sell me shoes, they cannot crumble after wearing them for two hours.

There's a lot of speculation here about the buyer.  Sure the buyer could be a partial refund scammer, but I don't see how conclusions can be drawn with so little info.  And, they did ask for a return label.

You said the lotion wasn't old.  How old was it?  Where was it stored?  There are many factors which will break down a lotion more quickly than intended.  Only if I was confident beyond a shadow of a doubt would I first try to take a stand.

However, you won't win this one.  Have the buyer open a return for "not as described."  Accept the return.  If buyer is legit, they'll send it back.  If buyer is not legit, they'll disappear.

[dhbookds]

A consumer would have to break the seal to use the merchandise.  It's warranty of merchantability.  The item has to work as intended.

If you sell me perfumed lotion as usable, I have to be able to use it.

If you sell me shoes, they cannot crumble after wearing them for two hours.

I have always wondered about this.........seems to conflict with ebay "item must be returned in same condition as sent".........Sellers include packaging, sealed as part of that condition,   yet how does anyone know if the item works without opening it.

[lintbrush*]

It's Federal Law - check out the UCC.

You can peruse this article too 

http://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html

@dhbookds

[lovtaco0]

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@dhbookdswrote:

A consumer would have to break the seal to use the merchandise.  It's warranty of merchantability.  The item has to work as intended.

If you sell me perfumed lotion as usable, I have to be able to use it.

If you sell me shoes, they cannot crumble after wearing them for two hours.

I have always wondered about this.........seems to conflict with ebay "item must be returned in same condition as sent".........Sellers include packaging, sealed as part of that condition,   yet how does anyone know if the item works without opening it.

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Like many eBay policies it seems up to interpretation. My interpretation is that the same condition language applies to remorse. It also applies to SNADs if the item does not have to be opened in some way in order to test the product and discover it's a SNAD. If the product does have to be opened like lotion, then the same condition would be sending back a full bottle with a broken seal. Sending back an empty bottle of lotion would go against the policy.

[myboardid]

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@coolectionswrote:

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@myboardidwrote:

She is angling for a free tube of lotion, she won't bother to send it back.  She probably pulls this with everything she buys, and won't want it to be obvious, so she won't leave any feedback.  She is just a scammer and a thief.

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Wow , you sure do know a lot about that buyer. Do you know her name and have you actually witnessed any of that ?

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If the buyer is legitimate, they will open a case and the OP will respond by choosing to have the buyer return the item, or by refunding the buyer without the return, as will be her choice.  But the buyer's tactic of complaining directly to the seller without asking for a specific remedy is strongly indicative of  someone trying to get a refund without returning the product. 

[penguins_dont_fly]

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@myboardidwrote:

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@coolectionswrote:

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@myboardidwrote:

She is angling for a free tube of lotion, she won't bother to send it back.  She probably pulls this with everything she buys, and won't want it to be obvious, so she won't leave any feedback.  She is just a scammer and a thief.

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Wow , you sure do know a lot about that buyer. Do you know her name and have you actually witnessed any of that ?

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If the buyer is legitimate, they will open a case and the OP will respond by choosing to have the buyer return the item, or by refunding the buyer without the return, as will be her choice.  But the buyer's tactic of complaining directly to the seller without asking for a specific remedy is strongly indicative of  someone trying to get a refund without returning the product. 

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The buyer has asked for a specific remedy...a prepaid return label.

The solution: "Dear Buyer, we are sorry that you are unhappy with your purchase. Please go to your Purchase History and select "Return this Item" from the dropdown menu. A return label will be generated through the Returns System. We will be happy to refund you when the item has been returned. Thank You, Seller."

[myangelandmyprincess]

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@lintbrush*wrote:

It's Federal Law - check out the UCC.

You can peruse this article too 

http://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html

@dhbookds

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It also only really applies if the seller is usally a seller of those goods.  this seller doesn't seem to sell a lot of health and beauty items so under that law might would be considered exempt

[myangelandmyprincess]

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@myangelandmyprincesswrote:

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@lintbrush*wrote:

It's Federal Law - check out the UCC.

You can peruse this article too 

http://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html

@dhbookds

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It also only really applies if the seller is usally a seller of those goods.  this seller doesn't seem to sell a lot of health and beauty items so under that law might would be considered exempt

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plus if they went to court over it which would be silly on this tiny bottle of lotion but humor me here.   The buyer would have to prove the lotion was of poor quality not just that they didn't like it which could very well be the case here.

[lintbrush*]

Well I suppose it boils down to what the buyer meant by smelled "bad."  If that meant they didn't like the smell, then they wouldn't be entitled to a return.  If the "bad" refers to rancid, then they would be.

I think cooked brussel sprouts smell bad, but that doesn't mean they are bad.  They could be, but I think they stink even when they aren't.

[swenson8781]

Here's my 2 cents...

Your buyer is obviously aware that a 'pre-paid' label can be issued, but has NOT opened a return case? That leaves me to question why?  

As another stated, I would simply message them 'Dear buyer, I'm am sorry you are unhappy with your item, please return for a refund.  Thank you, seller'.  And that's it.  The ball is then in their court.  

If they open a case, you can then chose to refund asap without having them return, thus saving you the cost of a return label.  Or you can wait until they actually return it, your choice.