If the buyer bought the item without it being
insured, I would have to say that the buyer had
to be prepared for not getting refunded. Of
course, it would have been very very wise for
you to make that explicitly clear to them before
they paid for the item, in order to cover your
back. A seller usually posts a statement right
at the beginning that they cannot be responsible
for the status of an item once it is mailed
unless the package is insured.
If they paid via credit card, you should ask
them to check with their provider in order to
recover their money through their buyer
protection services. If the buyer didn't pay
for insurance (or PayPal buyer protection), you
have the right to refuse a refund. (Sure, you
might look like the bad guy, but there are few
options here for you anyway.)
As for the allegations that you sent an already
damaged item, there's not much you can do now to
convincingly dispute that claim. If you had a
previous scan or photo of the item before it
left you, ask the buyer to provide you with a
scan of the item from the same angle so that you
can compare. If the buyer bought the item
without even knowing what it looks like,
unfortunately that's a risk that they were
supposed to be accepting.
Admittedly, I have been on the flip side of this
situation where a seller sent me shoddy stuff
that was incongruent with their item/auction
description. And if the buyer here really was
innocent, I can empathize with them. As a
buyer, I tend to ask sellers questions about
anything that wasn't covered or was unclear in
their item descriptions. I would save the
replies from the sellers as my evidence in case
the items I did receive turned out falsely
advertised. Nevertheless, I've been burned a
few times before and there has been little I
could do about it in most cases.
As for the buyer shipping the damaged item back
to you for a refund, that is your judgment
call. Especially if the buyer didn't pay for
insurance or buyer protection (to which they
should turn to the policy-holders for a refund,
not you), you probably shouldn't feel obligated
to give them a full refund. If you ultimately
decide that a refund is in order, more likely
you would give them your personal value of the
item in its present state.
As for the buyer keeping the item and asking for
a partial refund, you need better evidence that
what has been provided. Several detailed
scans/photos, a picture of the actual packaging
when it arrived to them, etc.
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