Returning an Item by a Buyer after 51 Days of Receipt in Good Order!

[timepieces-jordan]

Ladies & Gentlemen !

I need your insights on this case please!

I sold a watch on 27March2017 & It was shipped to Buyer the very next day.

The watch was in an excellent working condition when it was sold. I checked it myself & I had it also checked by a professional watchmaker.

The buyer also was happy with the purchase & left a great feedback soon after he received the watch.

Today, and after 51 days of delivery, I received a notification from paypal stating that the Buyer has just filed a claim under the transaction claiming that the winder/crown does not wind any more, watch does not keep time....etc.

Obviously, the watch was misused somehow in the 51 days period. It was either exposed to water or the crown was over-winded. 

The Buyer wants to retun the watch for these reasons! 

My questions are:-

1. Is the Buyer eligible for a return &  a refund in this case?

2. Does the Buyer pay for return shipping in paypal cases? (I know Seller is eligible to pay for return shipping under ebay, but not sure about paypal).

By the way, the watch was sold as a pre-owned item, with no warranty & no return policy in place.

Your insights please.

Thank you very much for your feedback.

[penguins_dont_fly]

@timepieces-jordan

PayPal gives buyers 180 Days from payment to open a claim.

If you say "return for refund", they will pay return shipping.

That being said ... it can't hurt to call PayPal and just ask if they would close it in your favor ... don't let them do it unless they say that "yes, they are closing it in your favor". ... If they say no, then say never mind and respond to the case "return for refund".

If the buyer actually said "doesn't wind ANYMORE", that infers that it did wind when it was received and was therefore As Described when it was received.

PayPal Purchase Protection reads:

https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

Significantly Not as Described claims

To qualify for Purchase Protection as a Significantly Not as Described claim, the item must be materially different from the seller’s description of the item.

The following claims will qualify as a Significantly Not as Described claim:

• You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
• The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
• The item was advertised as authentic but is not authentic (i.e. counterfeit).
• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
• You purchased a set of three items but only received two.
• The item was damaged during shipment.

The following claims will not qualify as a Significantly Not as Described claim:

• The defect in the item was correctly described by the seller in its description of the item.
• The item was properly described but you didn't want it after you received it.
• The item was properly described but did not meet your expectations.
• The item has minor scratches and was described as “used."

[phcd1]

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@timepieces-jordan wrote:

My questions are:-

1. Is the Buyer eligible for a return &  a refund in this case?

2. Does the Buyer pay for return shipping in paypal cases? (I know Seller is eligible to pay for return shipping under ebay, but not sure about paypal).

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Well, the good news is that the buyer can't open an eBay case, you would have most likely lost by now anyway. The bad news is the buyer has 180 days to open a claim in PayPal. Since the buyer WROTE IN PAYPAL that "the winder/crown does not wind any more", that implies that the watch DID work at time of receipt. I would call PayPal and let them know that the item was 1. Used, 2. No Warranty and 3. WORKING when received by the buyers own words. Ask them nicely to close the case in your favor right then and there while your on the phone with them. If the Rep says they can't, thank them and try again in a few hours. Rinse and Repeat until you run out of time. You might try emailing the buyer and and say something like "Dear Buyer, I'm sorry the watch is no longer working, is it maybe overwound from a previous winding in the past?" and see if he hangs himself. The Real bad news, if the case IS closed in your favor, that buyer might comeback as a chargeback from the credit card company which will cost you a refund + $20. With PayPal claims, the buyer is responsible for return shipping costs. Good Luck

[timepieces-jordan]

Thanks a million!