Ebay/paypal problem

  1. I recently sold an ipod on eBay and the winner of the auction is not happy with the item she received. I personally bought this off of eBay myself as a new ipod, never used it, so I sold it, as a NEW ipod. In my listing, I listed " what this auction includes: ipod nano". So when she got it, she was upset that she didn't get any of the accessories that new ipods come with. I explained to her that I said on my auction that it was only for the ipod, like i stated. Now, she is making this big fuss over, well its scratched, and its been used because the menu screen isn't what pops up when I turn it on. I know for a fact it is not scratched b/c I have pics of the item before I shipped it. I told her I'm not going to refund her bc its not scratched by me and if she dropped it or if someone in her household dropped it, its not my responsibility.

    She just keeps coming up with these excuses. Here is our dispute from paypal :

    1. No, the world only does not appear, but I do state that the ipod nano was included in this auction.2. I did purchase it from eBay with my boyfriend on his name. I wouldnt consider myself an owner because I never personally used it. I really would appreciate it if you would stop typing in all caps. Once again, you should have asked any questions you had about what was included or not, since you did not understand "whats included: ipod nano"..means just the ipod nano.
    From Buyer: on 10/6/2007 05:31 PDT
    PLEASE ANSWER THESE QUESTIONS.1. THE WORD ONLY YOU HAVE BEEN REFERRING TO IS NOT IN THE LISTING. IS THAT CORRECT?2. YOU HAVE STATED YOU PURCHASED IT FROM SOMEONE ON EBAY. THAT MAKES YOU THE SECOND OWNER AND I WOULD BE THE THIRD OWNER. IS THAT CORRECT?3. YOU STATED THE IPOD WAS NEW TO YOU. THE OPENING PAGE IS MISSING WHERE YOU SET UP EVERYTHING, BECAUSE IT ONLY APPEARS ONCE WHEN YOU SET IT UP WHEN IT IS NEW. MAYBE YOU SHOULD CONTACT THE SELLER, I WOULD BUT I FIND NO FEEDBACK IN YOUR FEEDBACK COLUMN FOR THIS ITEM.4. I HAVE ASKED FOUR OR FIVE TIMES FOR A REFUND. IS THIS CORRECT? PLEASE ADDRESS THIS ISSUE.
    From Seller: on 10/5/2007 19:23 PDT
    Mam, please review my auction. It clearly states : " What is included in this auction: 4gb ipod nano". If the accessories were included I would have said that the ipod nano and accessories were included-but they were not so I did not list it that way. You should have asked all questions to clarify before bidding.
    From Buyer: on 10/5/2007 18:30 PDT
    THE TWO MEN AT RADIO SHACK IMMEDIATELY KNEW THE IPOD WAS USED WHEN I BOUGHT IT TO THEM. THEY COMPOSED A LETTER SAYING THEY FOUND SMALL SCRATCHES AND SONGS HAD BEEN DELETED FROM THIS IPOD. AGAIN, SOMETHING CANNOT BE USED AND NEW AT THE SAME TIME.WHO USED IT, FOR HOW LONG IS NOT KNOWN.AGAIN, YOU HAVE NOT REPLIED TO MY REQUEST FOR YOU TO POINT OUT THE WORD ONLY IPOD NANO IN YOUR LISTING WHICH YOU HAVE REFERENCED WHICH IS WHY IT CAME WITH NO CHARGER, ETC.MOST SELLERS WANT HAPPY BUYERS. I HAVE REPEATEDLY ASKED YOU FOR A REFUND AND YOU HAVE NOT REPLIED TO THUS.PLEASE, JUST GIVE ME A REFUND AND I'LL SEND THE USED IPOD BACK.
    From Seller: on 10/5/2007 09:00 PDT
    It was described to me from the seller I bought it from as new, so I also listed it as new because I didn't use it. I have images of the ipod before I sold it and there are no scratches or any flaws whatsoever. Maybe someone at the post office dropped it? I'm really not sure but I want to assure you that I did not sell it/ship it to you in that condition. sellers are able to charge whatever they want for shipping within reason.

    *Who is in the wrong here? What should I do?
     
  2. This sounds like very sticky situation.

    I am not sure what paypal will do, it is basically a case of misinterpretation, she read the auction and figured since it was new it would come with the included accessories...that is what I am understanding. Did you test it or turn it on at all to make sure it worked before re-selling?

    The part were you suggested that maybe a postal worker dropped it...if they did, it is still on you. Insurance covers the seller not the buyer.

    If she files a claim and sends it back, make sure you inspect it right away and then call paypal immediately if it is different or damaged in any way. You can appeal a snad claim, they just don't garuantee that they can get the money back from a buyer....wich is why I suggest you call them not email them.

    Good luck
     
  3. Yes, I did turn it on and charge it to make sure it worked before shipping. This is bascially a case of misunderstanding. How long after she files a dispute can she escalate the claim? I don't know all the paypal terms.
     
  4. ^She has 20 days to escalate it.
     
  5. Just keep all your responses to her in the claim calm and factual. Maybe the oopening page isn't the way it is supposed to be (as she claims), because you tested it to make sure it worked.

    Also I just noticed that she requested you give her a refund and then she would send you the Ipod back.....if you decide to refund her, she sends the Ipod back first.

    Has she even filed a claim yet?
     
  6. If she escalates this to a claim, PayPal will freeze the funds in your account. I thought you might want to know this since you said you didn't know the ins and outs.
     
  7. Well, this is in my resolution center-but its not escalated into a claim yet. It says she has until Oct 22 to escalate it. If she doesn't escalate the claim, what happens?
     
  8. It will automatically close on the 20th day, and it can't be re-opened