Serious Buyer Problem: Claims Damage That Wasn’t There

[decorative_selected_assets]

Last week I sold a vintage painting in the style of Picasso for $200 on eBay. I covered €100 shipping costs (Austria to Texas) myself. The buyer also paid ~$35-40 in import taxes because I included the invoice for customs.

https://www.ebay.de/itm/186987678338

Now, the buyer claims the painting received is different from the listing — supposedly missing paint in the bottom left corner. He demands a full refund and threatens to escalate to eBay.

I am 100% sure the painting was in perfect condition when shipped, well packaged, and insured. In over 10 years of selling, I’ve never had a buyer claim damage like this. I believe he either damaged it himself or is trying to scam a refund.

Unfortunately, I know eBay usually sides with buyers, making it very hard for sellers to protect themselves. In the future, I may mark shipments as gifts to avoid customs issues leading to unhappy buyers. 

This situation feels extremely unfair — despite doing everything right, I’m likely to lose both the item and the money.

[fbusoni]

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@decorative_selected_assets wrote:

I am 100% sure the painting was in perfect condition when shipped, well packaged, and insured.

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@decorative_selected_assets 

Did you personally prepare the painting to be shipped?  If not, there is at least a chance it was already damaged.  

If you pay for return shipping, are you able to file an insurance claim once the damaged painting is in your possession?  

The damage looks like it could have happened in transit... humidity may have led the wrapping to somehow adhere to the surface of the painting. 

I do understand how it feels unfair... this is one reason why I do not sell items on eBay that cost me more than $50 or so.  And here in the US, seeking insurance for something damaged en route can be very problematic.

PS: I have shipped a few things over the years that had small defects that I did not see when I was packaging them.   One buyer received a porcelain bowl with a chip... and she messaged me to tell me that the chip was even visible in the photos I provided in my listing.   I immediately got a new pair of glasses.  😊

[pickapaper]

@decorative_selected_assets wrote: "The buyer also paid ~$35-40 in import taxes because I included the invoice for customs."

Do you know this for a fact or did your buyer just tell you that?  You have to include a customs invoice; that's required.  But it is my understanding that the U.S. doesn't charge an import tax on anything under $800.00.  I have bought a lot of things from outside the U.S. (some were several hundred dollars) and I have never had to pay an import tax on anything I have purchased.  But I am not totally knowledgeable about this so someone else may weigh in with better information. 

[soh.maryl]

All the buyer needs to do is open an item not as described case.  You'll be required to front him the return shipping if you want it back.  (Can't send a prepaid label because you're in Austria and he is in Texas.)

When you get it back, you're required to refund in full.  You need to read the Money Back Guarantee.

PS:  Am a little surprised that you got away with selling a painting "in the style of Picasso".  

[aproudparent2010]

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@soh.maryl wrote:

All the buyer needs to do is open an item not as described case.  You'll be required to front him the return shipping if you want it back.  (Can't send a prepaid label because you're in Austria and he is in Texas.)

When you get it back, you're required to refund in full.  You need to read the Money Back Guarantee.

PS:  Am a little surprised that you got away with selling a painting "in the style of Picasso".  

Interesting thing is the actual listings says it is an ACTUAL PICASSO

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[soh.maryl]

Yes, there are probably lots of genuine Picasso art works just lying around somewhere so that eBay sellers can list them for $200.  

[soh.maryl]

Bearing in mind the fact that counterfeits, copies, knockoffs etc are not allowed to be sold on eBay per eBay's rules, if I were you I'd be looking carefully at the other Picasso items you have for sale.  And also at those you've already sold.  

[aproudparent2010]

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@soh.maryl wrote:

Yes, there are probably lots of genuine Picasso art works just lying around somewhere so that eBay sellers can list them for $200.  

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Right...this clown has lots of Picasso and Warhol listed....the actual stuff *sarcasm*

[pickapaper]

@aproudparent2010 

@decorative_selected_assets has sold several "Picassos".  I'm surprised he hasn't gotten more Item Not as Described claims as he infers some are real.  I noticed on one current listing, he doesn't even mention "Picasso" but says, "I believe is done by a known artist".  🤣🤣 🤣

[toysaver · Accepted solution]

"I believe he either damaged it himself or is trying to scam a refund"

A painting could easily be damaged during international shipping.  Those packages are packed tighter than a can of sardines.  Real artwork is shipped in wooden crates to prevent such damage.  Not to mention it would have been opened by customs agents offering another opportunity for damage.   Cheap copies use cheap paints that are more likely to peel and flake.  If it were my buyer I'd apologize, refund and use it as a learning experience. 

[luckythewinner]

You didn't ask a  question, so I guess you are just looking for sympathy over failing to pass off a counterfeit as a Picasso.

[kensgiftshop]

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@decorative_selected_assets wrote:

In the future, I may mark shipments as gifts to avoid customs issues leading to unhappy buyers. 

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Why would you break the law and do that?

Buyers should know if any import taxes would be due before buying the item.

[soh.maryl]

Which is the reason for my suggestion that he look carefully at his current listings, as well as those he's already sold.  

[soh.maryl]

If I were the buyer, I'd add to my claim that, in addition to the damage, this item is seriously not as described, given the claim that it's a genuine Picasso.  

[soh.maryl]

"Despite doing everything right . . ." 

Are you joking?