Someone opened a case against me today

[#1]

The customer purchased a necklace from me and received it on 2-2-13. No problems with shipping.

2-3-13 she asked if she could return it because it wasn't what she thought.

2-4-13 we replied back:
Hi,
we have a 100% satisfaction guarantee. Here is the refund/exchange policy:

Refunds and Exchanges- 100% satisfaction guaranteed. If you are not 100% satisfied with your purchase, please return it within 3 days of receiving it for a refund. Shipping will not be refunded. Once I receive the item you will be given a refund.

I apologize that your item was not what you hoped for. What could we have done better?

Thank you

2-10-13 she replies back that she was away at work and just came home. She will have it in the mail by 2-12-13.

02-15-13 Today we have a case against us:
hi,
I went to return the necklace. it was going to cost me 6 to 12 dollars to send it back and be able to track it. Not worth it. I am not happy with the necklace, but its is not worth sending back. I had my jeweler take a look, not sterling silver and the topaz is glass. That will be my review.

all the best.


Here is the listing:
https://www.etsy.com/listing/112785867/long-crystal-necklace-brown-topaz

Here is our response to the open case we now have:

Hi %*&%*
I'm not sure where you read that the chain or any of the parts are sterling silver. I've read the listing and nowhere does it state that this was made from sterling silver.

We purchased our pendant from a reputable dealer who states it is crystal and so does the packaging when we receive it. We will be looking into this issue once we receive it back. If it is glass we will no longer work with that vendor and we do apologize if this is the case.

In our listing we state that it is a Topaz Crystal. Not a Topaz gemstone.

We have offered you a full refund, which is the total you paid $31.50. I'm not sure who is charging you so much or why, but if you use USPS, shipping for this at most should only cost $2-3.50 Tracking is .90 and the shipping should be around $2.00, plus your envelope. You can get 2 6x9 padded envelopes at the dollar store.

Again, we apologize that you were not satisfied. Once we receive the necklace we will refund you immediately.

Thank you


What do you think? Have we done anything wrong? Is our listing leading people to believe we are selling sterling silver topaz gemstone necklaces? What are my rights as a seller? How can we avoid negative feedback? I feel like I have tried to accommodate her in every way possible. Please give your honest feedback. I appreciate it!

Thanks

[CourtyardCraftsGifts]

I actually agree with the buyer on this issue. I, too, understand what you described but believe your description to be very misleading.

The word 'silver' you used as the content not the color of the chain. Also, the stone was described leading buyers to believe it to be a topaz.

I would change your description completely to read that the pendant is a topaz-colored crystal, and the chain/setting is a silver-colored metal and ID what it is.

Also, this item doesn't sound like you "made" anything as you've told us you purchased the pendant (in the setting) and simply slid onto a chain.

Aocording to Etsy's TOS, that is not a handmade item that you are allowed to offer for sale.

[CatherineMarissa]

I'm not surprised that she was confused as to the materials. There are multiple parts of the title/listing that do sound like it is a topaz necklace. As a jewelrymaker, I understand that topaz is a shade of crystal, but in the future, you should probably make some edits so that that is clear to shoppers.

Cheryl, I believe Etsy is okay with this necklace and would refer to it as "hand assembled."

[CatherineMarissa]

It would be a good idea to add some detail to your "materials" section of the listing. Right now, you have:

"All Silk Mandel jewelry is lead and nickel free. We search the world high and low to bring you unique creations made with quality materials at a fair price."

To help clarify for the buyer, you might want to say something like:

"This Silk Mandel necklace is made of quality silver plated chain which is lead and nickel free. The topaz colored pendant is high quality crystal. We search high and low..."

[Former_Member]

Hello the necklace was FANTASTIC!! you wrote Brown Topaz Pendant, Silver and Topaz I think you should not write these because some people did not understand the difference between silver and sterling silver o topaz and crystal topaz because topaz as a gemstone and word is stronger and makes confusion at understanding, you see?
If you wrote only brown crystal pentad with silver tone chain there would not be any problem with the buyer.
From the photo only I can see that is a beautiful faux pendant very nice…but it is not topaz or sterling silver am I true?
So the description I think was not so clear of course you did not wrote any carats of sterling silver yes but all the people do not know the difference and they think that all is sterling silver or topaz can you understand what I mean?
Do not worry keep doing your best for your buyer all this happens some time.
Just keep walking in a safer description :-)

[TheAmethystDragonfly]

Cheryl,
You are allowed to add a pendant to a necklace per Etsy's TOS

[CourtyardCraftsGifts]

Catherine and Lynn: I respectfully disagree. Unless the OP made the chain, or significantly "altered" same, the necklace is not allowed to be sold on Etsy under the TOS.

To be listed as handmade, the Seller must offer a tangible, handmade or significantly altered item. The OP stated she bought the pendant. If the OP did not actually make the chain or significantly alter a chain she bought in listed in the particular listing; the necklace is NOT handmade nor allowed.

If the OP simply slid the bought pendant onto a bought chain, the OP made nor altered anything.

Here are partial quotes from TOS: "Handmade items must be created by the seller operating the Etsy shop (or a member of that shop)."

On Etsy, the term "handmade" can additionally be interpreted as "hand-assembled" or "hand-altered."

Simply tailoring, restoring or repairing an item is not considered handmade.
To be considered handmade, the seller must substantially alter the design of an item produced from a "ready to assemble" kit.

Selling commercial or mass-produced items in Etsy's handmade categories is not permitted.

You may not list handmade items that you (or a member of your shop) did not create. This is considered reselling and is not permitted.

[CactusAndCoralInc]

Thank you for all your feedback everyone. I'm going to leave the listing as is until the case is resolved. Then I will rethink the listing. I really appreciate all your feedback.

The chain is from a spool, so I have measured the chain, cut it, added jump rings and a clasp to make it a necklace myself. The pendant is added to the necklace I made. It already has a bail attached. So, yes I do slide it on to the necklace I made. Is that breaking TOS?

[thegardenstudio]

I guess I'm slow as I am still stuck on the customer not returning the merchandise and yet opening a case against the seller...

While I'll defer to the jewelry experts who have already spoken, I must state that in reading the description it would be difficult for me to make an assumption that the necklace was sterling silver or topaz since it does not state that. Brown Topaz seemed to be more of a descriptor identifying the color although I do think more emphasis could have gone into describing it in more detail. That does not seem to justify such a vast assumption. And no disrespect to the seller but the chain, while lovely, does not look like sterling silver to me and I don't have an eye for such things. It just looks like a silver necklace - silver being a description of the color.

But, maybe I'm not reading deep enough into it from the customer's perspective.

Still can't see how even taking the customer's assumptions that would justify the seller not receiving her merchandise back...

[Former_Member]

If there is two things I have learned about some customers here on Etsy

1. do not read Listings, and when they have an issue put in their own words what they think it says

2. Return shipping costs Sets them off they do not want to be out any money and we do not either. I figure for myself as a buyer when I make a purchase I go in knowing that if it is not what I expected I may loose a few dollars and If I am not prepared to loose a couple of dollars not to get. But some people do not think this way they want to walk away whole.

What I do not get is that it is stated in 98% of seller's policy's that return shipping is not covered and so they know this but then get mad when they have to pay for it.

[CatherineMarissa]

Charley, if so many customers do not read the listings, they probably won't take the time to click over to policies. I've ordered many things without ever checking the seller's policies (even though I KNOW I should!).

[PiecesOfMePaperCraft]

I find it interesting that someone who's guilty of copyright infringement is calling out someone who slides a charm on a hand assembled chain. Just because you say "All copyrights and trademarks remain with the rightful owner" doesn't give you the legal right to make a profit on an item you created from a copyrighted image (unless you plan to turn your profits over to the trademark owner).

[CactusAndCoralInc]

Thanks for your input and suggestions everyone. I can't tell you how much I appreciate your perspectives!

[Former_Member]

you did everything right and went above and beyond, on what planet do these people live that they can get a refund without returning the item??
i had an unhappy customer, i fully refunded and still got a negative, this system is just bad we are blackmailed by negative feedback and the ironic part is we can't even see the feedback they have received. its just not fair.

[CourtyardCraftsGifts]

Lynn says, "Cheryl,
You are allowed to add a pendant to a necklace per Etsy's TOS."

Hy Lynn, Please provide a link to that part of the TOS that confirms your writings. I make pendants and set items in findings but do use purchased chains with the connections already attached sometimes. I'd like to confirm I could simply slide a pendant on a ready-made chain if I wanted to. I see know place in the TOS that allows for that.

Specifically, the TOS says I can't simply hem a pair of pants and sell them as "altered" so I cannot fathom sliding a pendant on a bought chain is more of a handmade or altered item which would be allowed.

[WintergreenDesign]

@Cheryl

Etsy wrote a blog about this some time ago... this listing is allowed. Just because someone doesn't hand make each peice doesn't mean it isn't "handmade"... it may not fit your criteria for handmade but it fits Etsy's. Here is the blog post for your reference...

http://www.etsy.com/blog/news/2012/defining-handmade-on-etsy/

Also I would be careful about calling people out... I'm assuming you have permission of the celebrities in your shop to be using their pictures on your merchandise?

[NatashasDesignz]

What has happened to you is awful :-/ I have just had a look at your Necklace and can't see anywhere that it says Sterling Silver, maybe it was just assumed?

I think you did everything in your power to be amicable with your customer, lets hope things get resolved for you in this issue and that you have no other problems.

You have lots of lovely feedback which goes to show you are doing a fantastic job

Keep up the good work :-)

[DeerGirlDesigns]

Debi Dean, EXACTLY! The system is a bust. We are definitely blackmailed by feedback and to see people abuse it really irks me. There should be a response option to negative feedbacks like there is on Yelp so we can hear both sides. I had a girl accidentally leave me neutral feedback because she thought I was someone else! She was like "oh my bad! oops hehe" and then took like three days to change it! I was in hell over it. People don't realize how seriously we take our shops and feedback.


Sigh....

[Former_Member]

Oh my god, why do some people on this team start having a pop at someone when they are already stressed with other issues? Personally I don't like to ask for help on here anymore due to amount of members whom always seem to want to cause issues that aren't even related to the discussion.

[Former_Member]

Silk sorry about the case. I hope you manage to get it sorted and the feedback can be removed :o)

[PrayerNotes]

Silk,
Does the customer have a feedback score? In other words, is she a first-timer? Does she have a reputation to protect? Another thing to consider, in this ONE case, is allowing the return and a full refund to save the reputation of your store, which is much more valuable than 30.00 + shipping. Initiate this in a convo, which will allow "kiss and make-up." This goes through etsy. make sure they know that you want to initiate the kiss and make-up. After all of this is over, make sure your descriptions are right-on-spot with what the materials include.

[Former_Member]

here is my take darlin..... when I read a negative feedback, I take a look at how many feedbacks there are (you have plenty) and compare it to the positive ones....its clear that the more you sell, eventually someone is going to be unhappy with one thing or another. When you have 99% awesome and 1% negative... its a no brainer and wouldn't keep me from ordering from you.

it sucks... I would hate that but you have a great reputation as the rest of your comments attest to. hang in there and remember that most of us will take the time to look around and decide for ourselves!

ps.. I think its totall BS that we cannot respond on our page to a negative feedback.... not cool

[Former_Member]

Silk, I would ask for the necklace back and issue full refound include shipping and wish her luck. argue with a customer is not a good idea. This is what I would do and actually I did with similar situation I had with a customer for much highr priced item. I wish you good luck.

[CactusAndCoralInc]

Thank you so much everyone. I can't tell you how much I appreciate your comments and suggestions. I'm so thankful to all of you for taking the time to help me.

:)

[CactusCurio]

Hi Team,

Since this is an ongoing case involving other Etsy members in the process of being resolved, I'm going to close this thread.

The Etsy Success team is intended to be an encouraging, constructive place for this incredible community of entrepreneurs. It takes all of us to keep it as such. Please keep in mind that if you have any concerns regarding marketplace trust/integrity, you can email our team at legal@etsy.com.

If you have any other questions/concerns, you can always shoot me a convo.

Thanks!