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Item Not As Described Dispute - Where’s the line?

by Suzanne on November 20th, 2008

A member of the SAHM’s eBay Group on Facebook posted this question:

“I’ve been selling on eBay for about two years and today had my first PayPal claim for an item not as described filed against me but the type of item (hair color) gives me pause on what I should do. She sent me a message that she had received it, that she was happy and couldn’t wait to use it, as well as left me positive feedback. I have left her positive feedback as well.

The next day I get a message from her that the new hair color didn’t take and wrecked her hair and now she would have to go to a salon. In a previous message, she mentioned she was already having problems with her hair prior to order and hoped this would solve her problem. 10 minutes after I received the message, a dispute was opened with her requesting the cost of the item refunded, not the shipping, but still totalling about $25.

I don’t think PayPal would side with her since I think it to being similar to like a pimple cream you buy at the drugstore, you can’t return it because you still have pimples, right? But at the same time, I want to do the right thing. Money’s pretty tight right now and it’s hard to hand it back if I don’t have to and because of all the variables - her hair was already damaged, what if she didn’t use it correctly, this and that. It’s not as cut and dry as say a t-shirt with stain or a CD with a scratch.

Any input on what you might do would be appreciated.”

I think this issue is more about the proper use of the product, than the product itself. Just as you would buy haircolor from a drug store or Walmart, you must follow the directions and assume the risk of something going wrong. I personally think the seller should win in this situation - there is no proof that the buyer used the product correctly if at all. Who is to say that she didn’t use another product and just wants to make someone else take the responsibility? What do you think?

[Image Source: Flickr]

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POSTED IN: Paypal

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