Misleading and deceptive conduct on ebay?

[ern]

i recently sold a bag on ebay and it was a mimco button bag, they have a large and small version of this but i didnt specify which it was. However in the photo i showed the exact same bag that i send of the the buyer. The difference between the bag is the buttons and this is clearly shown on the photo. the buyer now wants a refund as they are saying i mislead and deceived them which i didnt i stated it was a mimco button bag and it was. and now they wrote bak saying if i dun refund the money theyll take legal actions and involve the accc. i didnt do anything wrong. can they actually follow thru?

I am a legal representative of the purchaser and have been informed of this matter.

I wish to advise you that you have engaged in misleading and deceptive conduct under our Australian Consumer laws.

You have a legal duty under the Act to correctly identify and describe items you propose to sell. By supplying a good which does not correspond with its description, you are in breach of the law not to mention the E-Bay terms and conditions. You are in breach for the following reasons:
1. The bag sold is a Mimco Mini Button bag by trademark. It is not sufficient to describe the bag as a "Mimco bag". By omitting the word "Mini", you falsely represent that the bag is a traditional "Mimco" bag, a product differentiated from the "Mimco Mini" range;
2. Your advertisement is silent on the product's dimensions and measurements which would prompt a prospective purchaser to confirm whether the product meets the desired specifications. The language of the advertisement creates an expectation in the Purchaser that there are no special characteristics to the bag (eg being a "Mini") for which the Purchaser must be made aware. The Purchaser purchased the bag on the understanding, based on your representation, that the bag is of a standard size and not of a "Mini" size.
3. Your assertion that you have no knowledge about the intricacies of the product is irrelevant for the purpose of this enquiry. Your unfamiliarity with the product should ESPECIALLY prompt you to take greater care in providing the FULL description of the product as can be found on the remainder of the swing tag.

The purchaser requires a FULL refund of the purchase price within 7 days of this email in exchange for the purchaser returning the bag to you, failing which the Purchaser reserves the right to:
1 E-Bay notification and decline of product rating;
2 Involvement of the Australian Consumer Affairs Ombudsman; AND
3 Further legal action without further notice to you.

[toryn34]

naw, unless this item was in the thousands, there will be no legal action.
i know it sucks, but the best thing you can do is actually take the return and give them a full refund.

Because if you don't and lets say the buyer files a paypal claim right now. you will most likely lose the bag and the funds. paypal will 'make' the buyer ship back the item, but experienced buyers know this trick already and send you an empty box w/tracking. And as long it shows the item as 'delivered'. the buyer immediately gets a refund while keeping the bag.

even though they won't really do any legal action, the buyer does have the power to screw up your seller account w/neg. and low DSR rating which will seriously damage your account especially w/their new rules/policies.

good luck to you