Buyer wore item several times and now claiming item is falling apart. Wants Refund as Defective

[janda-6-10]

I sold a pair of of name brand (high quality) preowned work boots on 9/7/17 and they were delivered to buyer on 9/11/2017.  They were in Excellent condition, showing no signs of wear (frankly I don't think they had ever been worn), and the listing was very detailed as to the condition along with very clear photos.  The listing indicated I do not accept returns.    On 9/15/17, I receive a return request stating the item was defective.  The buyer's note to me said, "My husband has only worn these a few time we just got them this week and they are already falling apart,I have picture If you would like,just send me your email address I tried on the ebay site but im having difficulties downloading the pictures .These r not cheep boots they shouldn t be doing this."

When the boots were shipped, they were free of any visible defects.  Any return would not result in the item being returned to me in its original condition since she admitted her husband wore them.  I don't know if he damaged them through misuse or accident.  

I don't plan on sending her my email address as I don't want communication outside of eBay's messaging system on this transaction that eBay is not able to view and/or have access to.

Do I have to entertain this return request since she admitted they wore the boots?  She never said they weren't as described.  Should I ask for photos and request for them to be sent through eBay messaging system?  

I have til 9/20/17 to respond to the return request.  I don't want to wait til the last minute but also don't want to jump the gun and maybe say something that I shouldn't which may hurt me later if it gets escalated.  Any advice would be greatly appreciated.

[phcd1]

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@janda-6-10 wrote:

I sold a pair of of name brand (high quality) preowned work boots on 9/7/17 and they were delivered to buyer on 9/11/2017.  They were in Excellent condition, showing no signs of wear (frankly I don't think they had ever been worn), and the listing was very detailed as to the condition along with very clear photos.  The listing indicated I do not accept returns.    On 9/15/17, I receive a return request stating the item was defective.  The buyer's note to me said, "My husband has only worn these a few time we just got them this week and they are already falling apart,I have picture If you would like,just send me your email address I tried on the ebay site but im having difficulties downloading the pictures .These r not cheep boots they shouldn t be doing this."

When the boots were shipped, they were free of any visible defects.  Any return would not result in the item being returned to me in its original condition since she admitted her husband wore them.  I don't know if he damaged them through misuse or accident.  

I don't plan on sending her my email address as I don't want communication outside of eBay's messaging system on this transaction that eBay is not able to view and/or have access to.

Do I have to entertain this return request since she admitted they wore the boots?  She never said they weren't as described.  Should I ask for photos and request for them to be sent through eBay messaging system?  

I have til 9/20/17 to respond to the return request.  I don't want to wait til the last minute but also don't want to jump the gun and maybe say something that I shouldn't which may hurt me later if it gets escalated.  Any advice would be greatly appreciated.

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Can you deny the request, if so, do it. If not, you have a SNAD return.

You MUST NOT let the case time out, you MUST make a decision. Given what you told me, you have little choice but to accept the return AND pay return shipping AND refund 100% (including the original shipping). Welcome to eBay.

Remember:
1. EBay CS Rep's are less then knowledgeable (i.e. don’t trust what they say)
2. Do NOT let a case Timeout
3. Do NOT ask eBay to "Step in" (aka “help you” aka escalate)
4. ALWAYS get the reference number of the phone call, mark down the date and time
5. If the eBay CS Rep claims to have put notes in the case, have them emailed to you.
6. Never escalate a case unless you can get eBay to close it in your favor right then and there.

BTW, the buyer already has your name, address, most likely phone nuber AND email address.

[sidemouse]

The problem with No Returns policies is that from a remorseful buyer's perspective it can look as if the seller knew something might come faulty with the item.  Personally since ebay doesn't really give us a choice, I always use Returns accepted policies as that actually seems to result in less hassle in that department (for me, that is).  Granted it doesn't get rid of returns, it just reduces the problems for me.

The only real problem I have is that ebay isn't very upfront about sellers not having a choice until we get to where we are now, unfortunately I don't see much changing in this regard.

That having been said, in your case I would probably go ahead and accept the return.

Unless you can deny / decline the request, of course.

I wouldn't escalate, that's not going to turn out good.

[sidemouse]

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@janda-6-10 wrote:

I don't plan on sending her my email address as I don't want communication outside of eBay's messaging system on this transaction that eBay is not able to view and/or have access to.

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Good.

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@janda-6-10 wrote:

Do I have to entertain this return request since she admitted they wore the boots?  

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Short answer, yes.

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@janda-6-10 wrote:

Should I ask for photos and request for them to be sent through eBay messaging system?  

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You could but it's not going to do much of anything for you.

[southern*sweet*tea]

How old were the boots and did you do a flex test? Some shoes, even well made ones, will literally fall apart if they sit around too long. The soles will come off, crack or crumble.  Google "crumbling soles".

[phcd1]

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@sidemouse wrote:

The problem with No Returns policies is that from a remorseful buyer's perspective it can look as if the seller knew something might come faulty with the item.  Personally since ebay doesn't really give us a choice, I always use Returns accepted policies as that actually seems to result in less hassle in that department (for me, that is)....

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A return policy of any kind only ensures that the item WILL come back to you. A No returns policy is your BEST protection from fraudulent SNAD returns. If you have a return policy, its been clearly stated in the past that eBay expects the seller to take the return no matter what.

[goddess-bastet-1910]

Did you advertise the boots to be only good for a week? If not, then they are SNAD. Do you expect the shoes you purchase to last more than a week?

[deep-garnet-red]

I just threw out six pairs of leather boots because they were dry rotted. They had barely been worn.

[janda-6-10]

They were not advertised as new.  A flex test was done prior to shipping.  I know for a fact they were not old and dry-rotted. Furthermore, without recieving pictures of the "falling apart" boots, I have no idea if this buyer is telling the truth or not.  

[janda-6-10]

They were not old and/or dry rotted.  The shoes were tested prior to shipping. 

[dakotasmoke]

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@janda-6-10 wrote:

They were not old and/or dry rotted.  The shoes were tested prior to shipping. 

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Call ebay and qoute them this policy

https://pages.ebay.com/help/policies/return-item-condition.html

Policy overview

You must return an item in the same condition as it was received, not used or altered in any way. You must also include, in the same condition as it was received:

• All original packaging such as boxes, bags, tags, and UPCs

• Accessories such as cords and remote controls

• Certificates, manuals, warranty, and rebate cards 

• "Free gifts" or bonus items

• All items included in a bundle

Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account.

[dakotasmoke]

Had the buyer only worn them once and they fell apart right off, Id tell you to accept the return, but to wear them a few times, who knows how hard he used them? My husband has managed to trash a pair of boots in less than a week working in wet/humid weather and muddy conditions

[missjen831]

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@dakotasmoke wrote:
Had the buyer only worn them once and they fell apart right off, Id tell you to accept the return, but to wear them a few times, who knows how hard he used them? My husband has managed to trash a pair of boots in less than a week working in wet/humid weather and muddy conditions

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Gotta agree with this. The MBG also is not a product warranty. It doesn't guarantee the boots will last 30 days. Or longer.

[phcd1]

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@janda-6-10 wrote:

They were not advertised as new.  A flex test was done prior to shipping.  I know for a fact they were not old and dry-rotted. Furthermore, without recieving pictures of the "falling apart" boots, I have no idea if this buyer is telling the truth or not.  

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Although a picture would be nice, there are no requirements in eBay for buyers to have to prove anything to anybody. Most buyers go "Radio Silent" when they open a SNAD return. The less they say, the better chance of them getting their money back.

[janda-6-10]

I called CS and was informed that since the buyer wore the item (and admitted doing so multiple times) that the item was no longer covered under the MBG and closed the return request in my favor without a defect being logged.