eBay Buyer Try to Return Second Hand Item 6 Months after Purchase

H-limelight on 27/04/2019 - 19:34
Last edited 29/04/2019 - 08:05

Hi everyone,
I sold a used baby infant capsule back in November 18 on eBay. The buyer contacted me today stating that the item was expired and cannot be installed.
They asked for a refund and want to meet in person to discuss even wanting to pursue civilly if need be.
First of all, I had no idea there is such a thing as an expiry date for child seat but apparently, there is based on manufacturer recommendation. I am not sure if there is actually a law against using an old child seat.
Also, I am not sure why the buyer only messaged me now, so long after the sale was completed. If they raised the issue with me during pick up, I would happily cancel the sale.
So far, I told the buyer to contact eBay and I am not sure what the advice will be.
Anyone had similar experience before?

Update
Buyers now said ebay advise them to pursue their own legal avenue. They also got legal advice that it's illegal to sell expired child seat which they say it's expired in September last year prior to the sale.
Update 2
Thanks everyone for the information. The buyer now asked to confirm name and address etc so they can initiate civil action. Serious…… For 150 bucks and a baby capsule that you suppose to use for six months only. Also it's a maxi cosi with Australian standard approval ticks.
Update 3
So I have been ignoring the buyers email and the last message I got last night is just ridiculous and funny.
………….

As I have not heard back from you I will take your lack of response as confirmation of your details. For future reference, next time you sell an item make sure it is not expired and don’t be such a dodgy person. To prey on expectant parents is honestly disgusting.

I look forward to seeing you.

Thanks.

General Discussion

Comments

    • tomsco on 28/04/2019 - 15:27
      +9

      Haha. If their legal team is suggesting court proceeding for an $150 item, then they do not have the best legal team.

    • BartholemewH on 28/04/2019 - 17:02
      +12

      I'm out of negs. Sorry. You'll have to imagine it.

      • whooah1979 on 28/04/2019 - 18:38
        +1

        LOL.

      • cashews on 29/04/2019 - 17:03

        It's alright, he can have some of mine.

  • minniethemoocher on 28/04/2019 - 12:50
    +2

    Ask for a copy of the legal advice that states it’s illegal to sell the baby capsule. Ask them to quote the actual legislation they believe you have breached. It’s my understanding that it’s not recommended that you use a capsule 10 years after manufacture. When I havechecked the vicroads website however I couldn’t see any reference anywhere to legislation that prohibits anyone selling a secondhand capsule over a certain age.

    • dojomojo on 28/04/2019 - 15:50
      +3

      nah, no need to waste any more time, just ignore any further communication.

      • twocsies on 30/04/2019 - 09:50

        Ignore any communication unless it's to send the irate buyer a link to this discussion.

    • scatman00 on 28/04/2019 - 12:55
      +10

      Hitting the reply button on the relevant comment allows others to know who you're talking to.

  • whooah1979 on 28/04/2019 - 13:36
    +3

    The buyer now asked to confirm name and address etc so they can initiate civil action.

    Leave them to do their own legwork.

    maxi cosi

    https://www.maxi-cosi.com/service/frequently-asked-questions…

    However car seats don’t expire and the lifetime is dependent on the real use of a car seat.

    • bazzato on 28/04/2019 - 18:33

      On top of this the Australian Maxi Cosi website says they have a ‘lifetime’ warranty which they define as 10years on the shell and 3 years on fabric. So they have at least a ten year life.

  • ajr5k on 28/04/2019 - 13:54

    As if they are going to initiate legal action over $150. Just ignore them.

    • DonWilson on 28/04/2019 - 14:23

      They could. Small court claims can be made for the $150 + court costs + lawyer costs.

      However as discussed earlier so long as the OP shows up to the court and points out there's no law against selling or using an expired seat then it's unlikely they'll win.

      But initiate? Sure. They could do that.

      • brendanm on 28/04/2019 - 15:16
        +1

        You don't need a lawyer fo small claims, and sure wouldn't be awarded payment for a lawyer if you insisted on having one, and won. You would get your $150, and the small claims fee at most.

        • DonWilson on 28/04/2019 - 16:04

          Lawyer fees are claimable. But yeah, you'd have trouble convincing them to award it. But that's moot anyway because they wouldn't win the main claim.

      • jayzee on 29/04/2019 - 01:45

        Do you need a person's real name and address to start a small claim?

        I am curious, if OP does not let them know his real name, real address, how can they even start a court case?

        • DonWilson on 29/04/2019 - 02:21

          They would have to go about identifying them. Depending on what info they already have (possibly address and phone number) that should't be all that hard if they're determined.

  • stingy-oz on 28/04/2019 - 14:34
    +1

    Depends on where you are, you can be dragged onto a VCAT but it'll cost claimant about 110 bucks per claim. but for a cost of 150 bucks, going to VCAT don't sound like a good clever idea. I'd let the buyer do that….i.e. ignore the buyer

    • moo on 28/04/2019 - 15:19
      -1

      Not familiar with the VCAT process, can the claimant make the other party pay for the cost of the claim if they ‘win’?

      • stingy-oz on 29/04/2019 - 18:26

        Yes this is possible. Like court, the claimant can ask for reimbursement of cost

        • CalmLemons on 29/04/2019 - 19:44

          Very unlikely for VCAT.

          And if so they have to be real costs.

  • Herbse on 28/04/2019 - 14:52
    +2

    Without your address, they can't do anything. There are no laws that I can find regarding selling "expired" baby seats. They are manufactured recommendations. Like the pillows that have expiry dates on them 😏

    If they didn't bother to check before buying. Then someone must have noticed it and told them they shouldn't have bought it. That's their own problem.

    • Love a bargain on 28/04/2019 - 16:24

      Pillows are exactly the first thing that sprung to mind

    • clarebear on 28/04/2019 - 16:43

      Pillows are not a safety device.

      • cheng2008 on 28/04/2019 - 16:49
        +2

        Motorcycle helmets are, and I haven't heard of anyone getting sued for selling an old one that may have expired.

        • macrocephalic on 29/04/2019 - 00:44

          Exactly. Just like child seats, helmets have styrofoam which can age over time and should be replaced after a period or if involved in an accident, however, there is no law mandating a timeframe, and there aren't even consistent recommendations.

    • H-limelight on 28/04/2019 - 20:10

      yea that's one thing I am a bit worried about. They do have my address as the item was picked at my house.

      • Herbse on 28/04/2019 - 20:23
        +1

        Ah I thought you mentioned they asked for your address.

        In all honesty, for the sake of $150 , they'd be idiots to take any action. Sound more like a fishing expedition to me. Don't worry yourself about it.

  • darkchoc on 28/04/2019 - 14:57
    +8

    Charge a restocking fee of $300 paid in advance.

  • alxr0101 on 28/04/2019 - 15:21
    +9

    Buyer beware. This is a non-commercial transaction.

    The buyer had opportunity to inspect before purchase.

    Ignore them and move on.

  • Milk tea on 28/04/2019 - 17:28

    So did you end up giving your details or just ignoring them?

  • kaleidoscope on 28/04/2019 - 18:53
    +1

    ignore/ block/ report.

    reply telling they had their chance to inspect before purchase and not 6 months.

  • Seiko on 28/04/2019 - 19:02
    +3

    Lol. Tell him to pound sand.

    What proof do you have that he hasn't swapped it out with an older capsule and he is trying to stick you with the out of date unit.

  • mauricem on 28/04/2019 - 19:11
    +3

    OP, what did you say in the listing re age, suitability etc? I suspect they've gone to an installer who also sells new seats who has used the usual sales tricks to convince them they've been conned and you are basically a baby killer with the only solution is to spend $800+ on one of their products.

    • H-limelight on 28/04/2019 - 20:13

      yea that sounds like very possible scenario. Can't really see the listing anymore but I don't think I listed age etc, had quite a few pictures which I thought was self-explanatory enough.

  • beklol on 28/04/2019 - 19:26
    +8

    Sounds like the kid grew out of it and now they want to get their money back after its served their purpose.

    • Raihoo on 29/04/2019 - 13:20

      This was my first thought too.

      It's a shame there are people like that out there :(

  • crashloaded on 28/04/2019 - 20:10
    +5

    It's all a bluff. No one spends $300 on a civil application to get $150. Especially when civil cases rarely get awarded costs.

    • [Deactivated] on 28/04/2019 - 20:25

      No one in their right mind is going to entertain this suit. The kindest thing the relevant authorities would do is to kindly tell them to save their money.

      • twocsies on 30/04/2019 - 09:53

        A solicitor will give the advice to save their money, but if they insist, the solicitor will perform additional action on behalf of the buyer (for a fee).

        • [Deactivated] on 30/04/2019 - 11:42

          Or refuse to provide service. I would refuse. The person is clearly not of sound mind.

    • Boscojack on 29/04/2019 - 10:53

      $300? where are you? Going through the tribunal in QLD for a item of this value would have application fee of $25.

      • crashloaded on 29/04/2019 - 11:58
        +1

        True. $26.35. Still seems pointless For the amount. It would probably be struck out before it got to mediation.

    • Sammyboy on 30/04/2019 - 08:20

      Except the guy that just won against the police (in some American city) who got fined by police eating a hash brown, as the officer thought he was on a mobile phone! He spent more than the fine to win.

      • crashloaded on 30/04/2019 - 11:15

        Yes but probably got awarded costs.

  • EzySatisfaction on 28/04/2019 - 20:18

    Let them chase you, it’s not your fault

  • pistachio on 28/04/2019 - 20:29
    +3

    I wonder where all these people keep coming from….

  • jenkemjunkie on 28/04/2019 - 20:41
    +2

    I’m guessing the buyers’ have Lionel Hutz on retainer LOL

  • Blue Cat on 28/04/2019 - 20:56
    +1

    To avoid stupid situations like this in the future…
    Is it legal to completely block the buyer on all possible communication platforms (ebay messages, email, phone number etc) as soon as you finish your cash sale?
    If you never hear back from them, you never have to bother in the first place!

  • MessyG on 28/04/2019 - 21:16
    +6

    OP the legal advice they sought is probably a thread just like this one on some other forum somewhere! I'd be a bit cheeky and inform that since they've decided to commence legal proceedings, you can't communicate with them anymore and it should go through your lawyers. Then stop replying. Let them stew on that!

    • idonotknowwhy on 28/04/2019 - 21:30
      +3

      This is a great idea! OP should take it up a notch and imply that they've contacted lawyers as well!

      "My lawyers have advised me that we are no longer able to communicate directly now that you have initiated legal proceedings. Any further communication must be conducted via our lawyers."

  • idonotknowwhy on 28/04/2019 - 21:31
    +2

    OP, get some easy karma by posting this on /r/entitledparents
    Don't respond to them anymore.

    • cunningdrew on 30/04/2019 - 12:59
      -4

      The OP sold them an expired product. If you want to talk about karma…..

      If you went to Woolies and they sold you a bottle of milk that was two days past due are they the good guy or the bad guy? Particularly if you only realise the next day and call them back and they tell you to go jump.

      Seriously people!

      • spackbace on 30/04/2019 - 13:14

        The OP sold them an expired product. If you want to talk about karma…..

        Have you read this thread? No, he didn't

  • Name on 28/04/2019 - 21:45
    +7

    Quote from a car seat manufacturer in Australia. I'd tell them to beat it as it's not a thing.

    The 10 year timeframe is not law, it’s not mandated in the Australian Standard, and it’s not enforceable – it’s something that the industry loosely agreed upon, and is generally used as a best practice guideline.

    https://infasecure.com.au/blog/changes-to-product-lifespans/

    • bamzero on 29/04/2019 - 04:13
      +1

      The other important thing mentioned in that post is that it's 10 years from purchase not manufacture.

      A seat kept in the box for 10 years is still considered in perfect condition to use.

      In any case, the OP says seat is only 6 years from manufacture date so I don't see what they are complaining about.

      I hope the OP is ignoring the buyer or directs them to the article you linked.

      • clarebear on 29/04/2019 - 10:27

        Other brands are definitely from date of manufacture.

        • bamzero on 29/04/2019 - 12:36
          +2

          Regardless, the industry agreed timeframe is 10 years and the seat in question is only 6 years from DOM so the buyers whole argument is pointless.

    • Amaris on 29/04/2019 - 10:28
      +1

      This is very candid and upfront…coming from a car seat maker.

  • kiitos on 28/04/2019 - 21:48
    +1

    Did you see the buyer? Was the mother pregnant or did they already have the child? Perhaps the baby outgrew it, they tried to sell the capsule, and a potential buyer pointed the date out?

  • ribze1 on 28/04/2019 - 21:50
    +3

    Not willing to pay ~$500 for a new one so opted for a second hand one on ebay but sought legal advice and willing to sue over this? Wtf?

  • gimme on 28/04/2019 - 23:29
    +3

    Send them a link to this thread.

    My pillow expired in 2013

    • Mosher on 29/04/2019 - 07:55
      +9

      How do you sleep at night?

      • squaredonut on 01/05/2019 - 07:11

        Sleeping illegally, bad ass

    • idonotknowwhy on 29/04/2019 - 08:55

      LOL! I just checked mine, it expired 2009!
      I didn't know pillows expired, I'll replace mine.

      On that note, I think android phones should have a used by date.

  • noise36 on 29/04/2019 - 09:38

    Its a second hand item sold in good faith, cash has been paid and item picked up, ignore.

  • Piranha2004 on 29/04/2019 - 09:55

    TIL baby seats have an expiry date! Also "buyer beware". Shouldve checked this at time of purchase if it was so important.

  • reddead2067 on 29/04/2019 - 10:10
    +1

    I sell a lot of stuff on ebay.

    My recommendation is to ignore them. You sold an item "as-is", and without major defect which affects form or function.
    Unless you misled the buyer about the date of manufacture on your eBay item listing, then you did nothing wrong.

    Have a nice day.

  • curtturtle on 29/04/2019 - 10:16

    They have used the seat and now don't need it and want to get their money back. Screw them. Ignore them and move on.

  • Amaris on 29/04/2019 - 10:25
    +1

    This is very interesting reading. Could you possibly update us regularly as to how this progresses?

    Thank you

  • olivecheese on 29/04/2019 - 10:36
    +1

    Trying to get refund on already quite cheap car seat - considering legal action to get the $150 back… Is the buyer an ozbargainer?

  • [Deactivated] on 29/04/2019 - 12:07
    -1

    Is it illegal to sell expired products if it's not mentioned in the original advertisement?

    • moo on 29/04/2019 - 12:31

      Did you read any of the comments in this post? The date is just a 'recommendation' and it doesn't 'expire' per say.

      • [Deactivated] on 29/04/2019 - 12:37
        -1

        Most of the comments do not say that, even if I had read the first dozen or so.

        Someone even said "Yes there are expiry dates, they're usually printed at the bottom of the capsule."

  • SnakeCasablanca on 29/04/2019 - 12:29
    +1

    If I were you I would respond as follows:

    Second hand products are sold 'as is' and are buyer beware. I had no idea that car seats even expire let alone that the car seat I sold you had expired (if that is indeed the case).

    It would seem that as you didn't check this when you purchased it that you also had no idea of the expiry of car seats so were as ignorant as I was in this situation. Therefore I imagine you could do the same thing unknowingly. Apologies that you are not happy with your purchase but I will not be discussing this any further.

    Please do not contact me again or I will be reporting this as harassment to the Police. All further communications will be documented and filed with my police report.

  • T1OOO on 29/04/2019 - 12:37
    +1

    Pretty sure they refer to new items from a restaiker not second hand products.

  • trapper on 29/04/2019 - 12:47
    +2

    Just ignore.

  • luffyex2010 on 29/04/2019 - 14:33
    +1

    I bought the maxi AHR for my kids when they were toddlers, pretty darn expensive (I always called it the CEO car seat).

    After they didn't need it anymore I sold on gumtree (approx 5 years) with similar issues the buyer wanted a refund because of the time left….printed on the car seat.

    Refunded them cause it was just a few days later after the sale and then I put the seats out on my yard which was picked before I could even arrange the curbside pickup lol.

    6 months is a long time to ask for a refund….

  • foxmulder on 29/04/2019 - 14:44
    -6

    Just found this article online. https://www.verywellfamily.com/the-facts-about-car-seat-expi…. I was originally leaning toward op, but if I'm op shoes I would have just get the car sit back for full refund, heck, oneyback not even without the car seat back as really no used of it anyway.

    • Amaris on 29/04/2019 - 14:59
      +2

      Don't you think this is a big government conspiracy to sell more car seats?

      • whooah1979 on 30/04/2019 - 07:23
        +2

        You have to ask Scully about that.

    • tomsco on 30/04/2019 - 13:35

      I'm not going to bother reading you link, because even if it did support the idea of OP returning the money, this should have happened 6 months ago.

      • spackbace on 30/04/2019 - 13:38
        +1

        It's ok, it's a yank link anyway, stating to look for the expiry date and it's 6-10yrs as we know.

        General consensus seems to be to get rid of it after 10yrs, but OP's seat is just over 6yrs.

        Perfectly fine and I doubt another installer would have an issue with it

  • Levathian on 29/04/2019 - 15:40
    +5

    OP do you have this person's full name?
    I'd jump on Facebook/instagram and look them up. Go through any and all publicly available photos and see if you can find any with the baby seat in it. If they've been using it the last few months then you know they're definitely full of shit.

  • WhoGiveAShxt on 29/04/2019 - 18:39

    Sounds like they are fishing or try to bluff you into some ridiculous deals. But I cannot said for sure. If I was you I will told them to go ahead with legal actions. Because if they are serious, there is no way you could persuade them not to do what they said. But if they are bluffing, people like them are mostly go silent after a few attempt.

    Good luck mate

  • hootabelle on 29/04/2019 - 18:45
    +5

    Maxi Cosi shells used to be imported from overseas where they have a 6 year lifespan, so all maxi Cosi shells used to have an expiry date stamped on the seat, which was 6 years from date of manufacture.
    Maxi Cosi themselves used to, and still do say that the date stamped on shells was to be disregarded as it was for overseas markets and Australia was 10 years from date of manufacture.
    https://helpmaxi.dorelaustralia.com.au/hc/en-us/articles/360…

  • CalmLemons on 29/04/2019 - 19:47

    Ignore, some people have too much time.

    This is when someone blames someone else for their own decisions and can't take responsibility for their own actions.

    Have you heard that story where if everyone in the world started off with $10m dollars they would all end up in exactly the same situation as they are now eventually. Victim mentality to the max.

  • MessyG on 29/04/2019 - 20:20
    +4

    Update #3 is GOLD.

  • shiznit on 29/04/2019 - 21:11
    +5

    You could tell them that you've moved to Nigeria and they can get a refund after they ship it to you.

  • andyken on 29/04/2019 - 21:35

    just reply to him with this one as above mention

    "My lawyers have advised me that we are no longer able to communicate directly now that you have initiated legal proceedings. Any further communication must be conducted via our lawyers." or

    "show me the legislation mention about the legality of selling the car seat"

  • fozzie on 29/04/2019 - 22:06

    How pathetic! Some weird people around.
    Just ignore them

  • sabretoothz on 29/04/2019 - 22:24
    +1

    The 6 years expiry is based on US approval standards. Since it has the Australian Standards Approval ticks, it actually lasts 10 years. It is also stated on their Australian website: "The lifetime of a Maxi-Cosi car seat is 10 years on shell and 3 years on fabric."

    Don't let their accusations of "preying on them" even get to you, as it's actually not even legally expired.

    Tell them to stop wasting your time, and even if it was expired - sadly for them, they're not protected by Consumer guarantees as stated by the ACCC website on several pages:

    "Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:
    * bought as a one-off from a private seller"

  • sn809 on 30/04/2019 - 05:25
    +2

    I reckon you have done nothing wrong as you didn't know but a child seat does have an expiry date. Now the parents have realized this its good they want to change but expecting a refund from you is bonkers.

    If you cannot afford new get a good second hand one that has not been in an accident. The "expiry" date is only due to the harsh weather conditions and the heat inside cars when parked in the sun breaks down the material. For a child you generally want the best for them you don't want to be thinking after an accident if only I had spent a bit extra………………………..

    • T1OOO on 30/04/2019 - 08:14

      Parents prob tried to sell it them self!

  • T1OOO on 30/04/2019 - 07:30

    Kidses are expensive. My bro paid over a grand for the stroller.

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