posted on December 16, 2002 05:47:36 PM new
I sold a brand new DSL modem that clearly stated that it came with the MSN software for the modem. Winning bidder emailed stating her ISP told her that it was only for MSN and so now she has no use for it. She now wants a refund because she can't use it. We wrote back stating that it said for MSN.
I do not feel I should give a refund because she didn't check with her ISP for compatibility before purchasing it.
posted on December 16, 2002 05:56:24 PM new
Since your TOS disclosed what it was for maybe gently remind them of that and suggest they could sell it on ebay. I've seen many auctions where the seller says "I bought this on ebay but it's xxxxxxx so I'm offering it to you."
Feel like taking a neg on this one? If they do neg you, just leave a response stating "auction clearly stated xxxxx".
If you think you can easily resell it, maybe suggest if she returns it to you [at her expense] you will refund her purchase minus your ebay fees and first shipping expense.
posted on December 16, 2002 06:09:37 PM new
We did suggest they try to resell it. She got it dirt cheap so should not be a problem getting there money back or more.
We could get it returned but how do I know they didn't drop it or something like that. That would make it a dead modem. Another problem I would like it to be insured if shipped back to me, what if they don't insure it and something should happen to it?
I know not to refund until product is in hand and in same condition sent.
We don't have MSN so we wouldn't be able to test it if we got it back.
posted on December 16, 2002 06:44:35 PM new
It all comes down to what you can live with. The mistake is on your bidders end. If it was clearly stated then let them deal with it.
How did they pay you? If they used paypal and you have proof of mailing you should be o.k.
Money order etc. then you have no problem. Let them resell it.
posted on December 16, 2002 06:52:20 PM new
IMHO: To HXXX with them. If they can't read the TOS, then D.S. Its theirs. You don't owe them anything. Whats so wrong about taking an undeserved Neg? Put in a response, live on. Been there, Done that.
posted on December 16, 2002 08:24:56 PM new
They paid e-check paypal. Got all the delivery and insurance slips in a file. Neg would be fine because it isn't my fault. Hope hubby doesn't go soft and have her return it.
posted on December 16, 2002 09:10:24 PM new
Hey it is in your TOS nor did they ask Questions before or check it out with their ISP besides I would not refund their money it is Electronics and who knows what they did after the opened the box
posted on December 16, 2002 09:15:43 PM new
Thanks for all the replies. I'll stick to my guns and take the neg if they give it. Watch they will wait the 90 days to leave it. Oh well.
posted on December 16, 2002 10:45:23 PM new
Is it possible for her to go to a local retail store and return it for a credit at that store?
Because if you did except it back, she would have to pay all shipping and insurance costs, but at the same time like you stated, you dont know the working condition anymore since she has had it.
Was this a sealed box when you sent it to her, and if it was, is it still sealed?
I only ask because for her to know that it was not good for her ISP, she could see that from the outside of the box. And once its opened, you dont know if it was dropped like you mentioned....And it also makes it not in the same condition you sent it to her.
If what I'm saying is true, then if she did return it you can not give her a full refund, because the item is not in the same condition like when it was shipped to her.
posted on December 16, 2002 11:00:48 PM new
You indicate that the auction stated that it came with the software for MSN. Did the auction state that the model ONLY works with MSN? This is a small thing, but one statement doesn't necessarily mean the other. With people adding so many 'freebies' with their auctions these days, it could have been misinterpreted.
The bottom line is, however, what does your TOS say about returns. If it doesn't say anything, then you need to decide your policy now. If it says NO, then your answer should be NO.
The 'smart' shopper would have checked the compatibility with their dsl company. However, it used to be, with dialup, that if you could plug it into your computer and get a dialtone, then it will run with whomever you call. (Technology changed, so compatability changed)
The question you should ask yourself is, would the bare minimum in Tech Savvy customer, be able to understand that your ad is for a DSL modem that will run only on an MSN DSL system?
If the answer is negative, take it back with your fees and shipping removed from the refund, and rewrite the ad.
