Ebay Sales contract Breach

[Mechanical Man]

What is the name of your state? Virginia

I sold a nice working printer on ebay to someone in a western state. I included a working guarantee in the ad that stated. "5 Day working guarantee, returns must be postmarked on the 6th day from the date of delivery to your address. NO EXCEPTIONS FOR ANY REASON"

On the 6th day from the date of delivery to their address, the buyer contacted me and said they could not get it to work, but did not want to send it back.

On the 8th day from the date of delivery to their address, The buyer contacts me and asks me to honor the 5 day working guarantee. I refused. The buyer filed a complaint with the credit card company and the credit card company took the funds from me and gave them their money back. The buyer sent the printer back, but the print head was broke off the printer. I can't prove it, but I feel the buyer broke the unit while in their possession.

My question is: When the buyer bought the product from me he entered into a contract with me. The terms of the contract was spelled out in the ad. The warranty, and terms of the warranty was spelled out in the ad. The buyer did not honor the terms of the ad, but still received their money back from the credit card company. I feel like the buyer breached our contract by not abiding by the terms of our contract. Do I have any recourse?

 

[seniorjudge]

What is the name of your state? Virginia

I sold a nice working printer on ebay to someone in a western state. I included a working guarantee in the ad that stated. "5 Day working guarantee, returns must be postmarked on the 6th day from the date of delivery to your address. NO EXCEPTIONS FOR ANY REASON"

On the 6th day from the date of delivery to their address, the buyer contacted me and said they could not get it to work, but did not want to send it back.

On the 8th day from the date of delivery to their address, The buyer contacts me and asks me to honor the 5 day working guarantee. I refused. The buyer filed a complaint with the credit card company and the credit card company took the funds from me and gave them their money back. The buyer sent the printer back, but the print head was broke off the printer. I can't prove it, but I feel the buyer broke the unit while in their possession.

My question is: When the buyer bought the product from me he entered into a contract with me. The terms of the contract was spelled out in the ad. The warranty, and terms of the warranty was spelled out in the ad. The buyer did not honor the terms of the ad, but still received their money back from the credit card company. I feel like the buyer breached our contract by not abiding by the terms of our contract. Do I have any recourse?

Q: Do I have any recourse?

A: Yes. Sue the buyer in that western state.

 

[Mechanical Man]

That is what I was thinking. Can anyone tell me what is involved in doing this? or, How do I start the process. Will I have to make an appearance in court in the Western State. Can all this be done from 1500 miles away? Any help would be appreciated. Thanks

 

[seniorjudge]

That is what I was thinking. Can anyone tell me what is involved in doing this? or, How do I start the process. Will I have to make an appearance in court in the Western State. Can all this be done from 1500 miles away? Any help would be appreciated. Thanks

Q: Will I have to make an appearance in court in the Western State.

A: Yes.


Q: Can all this be done from 1500 miles away?

A: No.

 

[I AM ALWAYS LIABLE]

That is what I was thinking. Can anyone tell me what is involved in doing this? or, How do I start the process. Will I have to make an appearance in court in the Western State. Can all this be done from 1500 miles away? Any help would be appreciated. Thanks

My response:

Conducting long distance litigation will wind up costing you more than the price of the printer. Chalk this one up to the cost of doing business across State lines - - something that you should never have done in the first place.

IAAL

 

[dallas702]

Did you dispute his chargeback with the credit card company? He has to show that the merchandise either didn't get to him, or prove it was not as advertised. You can get that charge reversed and back to you again. You should have the info from the original charge. Call.