Chances to prove the item doesn't match a description?

[alexfre_5517]

I've bought a used and refurbished laptop. In the description was  "Everything works as it should". But I found that the right speaker doesn't work. Only the left speaker plays, right doesn't play at all. 

Afterwards, I turned to the seller and asked him if he had some fair suggestions. I expected he would suggest a partial return. And attached in my message a link to the video where the situation was shown: when turning balance to the right the sound disappears. 

The seller replied that the laptop was as described, and what I have done with it since delivery is up to me. And also that I'm seeking money. But I did nothing with the laptop.

The questions:

1. Maybe I don't understand the situation and I had to accept all the risks and just take the word "it works" when buying a used thing? I'm really not familiar with this and I'm asking?
   
   
2. Do I have the chance to prove (attaching the video) that I'm right? Or will the seller's argument "I've checked everything before selling and you've broken the item yourself" be accepted?
3. What do I have to undertake in this case?
4. If I win the dispute will it be fully refundable if it was sent via eBay's Global Shipping Programme and there was 150 GBP of the laptop cost + £71 Expedited Delivery to me +  £45 import charges (£266 total)?
   
   
5. As far as I know I'll be refunded when he will receive the item back in the same condition. But if the seller acts in such a strange way I'm afraid he can say that it's not in the same condition and what will I do in this case?
6. Can I receive a partial return with the help of Ebay? Or it's on his will only? He acts really strange.

[fab_finds4u]

Why are you debating this with the seller?  eBay gives you 30 days to file a not as described claim.  Go to your Purchase History and return the item. This opens a case. The seller will have 3 days to provide a return label or a refund. If they don't  then return to the case and ask eBay for help.  

[mudshark61369]

@alexfre_5517,

As long as it has been less than 30 days since you received the computer,  all you have to do is to go to your purchase history to the right of the listing title there will be either a More Actions, or Return item button.  use that and select as the reason Item Not As described or Doesn't match description.  Once you fill in the info and start the dispute the seller will have 3 days to respond and if they do not you will be able to ask ebay to step in.  You cannot send links through ebay messages so just write out what happened, then you can add a Photo or scan of the link address to your video to the dispute.

The issues you will most likely run into are:

1) You are located in Israel, and the seller is in  the U.K. so they will not be able to purchase postage for you to send back the computer.   You can get a written shipping cost estimate and the seller will have to send yo the funds. If they can't ebay may purchase  a shipping label for the seller.

2) If this is the seller I think it is, they may try to stand on their No Returns policy which does not fly in the face of ebay's Money Back Guarantee. 

3) The seller may try negotiating a partial refund price in an attempt to stall you past the time for taking action on the dispute. 

The link I am posting below is to the U.S. Based eBay site's Money Back Guarantee (MBG)  policy.  If you signed up to use ebay from their U.K. based site, its policy may have some minor differences from ours, so you should check that site's policy.  and double check my info by posting your issue on that site's or the site's you registered on to use ebay.   (2nd link below is to the U.K. site's community)

https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy...

https://community.ebay.co.uk/

[alexfre_5517]

If the seller provides a return label will I have a choice to return or to keep it? 
And what will I do if the seller will say that he received back the laptop not in the same condition?  
He already started playing a fool. 

[alexfre_5517]

Thank you! The issues I may face look not very nice.

What will happen if the seller will stand on his no returns policy?
If the seller provides a return label will I have a choice to return or to keep it?  He already started playing a fool, what will I do if he claims that the returned laptop is not in the same condition?

So I'm thinking if it's worth undertaking (((

[mudshark61369]

@alexfre_5517,

As a new member you probably do not understand that the money back guarantee is heavily weighted towards buyers. In 99% of the cases filed, ebay finds in favor of the buyer without much proof if any needed. ebay wants to keep buyers happy. 

  Go to your purchase history open the link to the listing you bought from and on that page you will see a header mentioning the MBG. under it is a See More Details button that will take you to the item not as described policy. Just follow its instructions.

[alexfre_5517]

Yes, I'll follow your advice!
But will I still have a choice to return or to keep the item if the seller will offer a return? Will it affect my reputation?

P.S. You are right, I'm new one here. And not very lucky: my first purchase was lost and refunded, the result of my second attempt you see )))

[house*of*paws · Accepted solution]

Hi @alexfre_5517 

To answer the questions you seem to be still wondering about:

1.  Regardless of an eBay seller’s return policy … a buyer can always get a refund when the item is ‘not as described’ in some way … as long as the buyer files the return request within 30 days of receiving the item.

2.  A seller cannot provide a shipping label to a buyer who lives in another country.  They can only provide the money for the buyer to purchase a return shipping label.

3.  A buyer can request a partial refund for a defective item … but it is up to the seller whether to provide the partial refund OR insist that the item be returned (at seller’s expense) for a full refund.

4.  After opening a return request, the buyer can always decide to keep the item instead of returning it … at no penalty to either buyer or seller.

[krazzykats]

Because you did not spend a lot on the laptop, I would keep and use it. 

You could plug in external speakers if needed.  

If you send it back, you are placing the seller and shippers in control.  JMHO.

[reallynicestamps]

Most of the Money Back Guarantee ended when the seller delivered to the GSP plant in Erlanger KY.

But.

Is this the Global Shipping Program, which is now obsolete,or the newer eIS, which has slightly different policies?

This is a conversation with tyler@ebay  some time ago.    Let's call kyle@ebay since Tyler has moved on.

GSP isn't considered a 'freight forwarder' as much as a shipping service a Seller can avail themselves of. 
 
On a GSP transaction the address input by the Buyer at checkout is their address at the final destination. The Erlanger address is inserted into the transaction for the Seller. This means for Not as Described return requests a Seller would still be responsible for return shipping from the final delivery address*.  
https://community.ebay.ca/t5/Buyer-Central/Global-Shipping-program-extremely-low-efficiency/m-p/4746... - tyler Post #13.

This means, I believe , that ,if requested , the buyer had to return the disputed item to the forwarder (gsp/eIS) who in turn would have been sent a Return Shipping Label by the seller.

And on receipt the seller would refund.

GSP, which as I mentioned, is no longer in the game, basically just refunded the buyer and didn't ask for the disputed item back. Not sure what eIS does.

[reallynicestamps]

What will happen if the seller will stand on his no returns policy?

Sellers can have No Returns policies. Sellers cannot have a No Refunds policy.

If he refuses to send return shipping, he will be regarded as having abandoned the item, and required to refund.

If he refuses to refund, eBay will refund you, and go after him for their money.  He also gets a Defect but that's not your problem. 

[reallynicestamps]

This is the USA (dotCOM) Board.

We are not familiar with the details of the UK site's policies.

You should post your question on the UK site.

[12345jamesstamps]

"Right speaker doesn't work" on a laptop? Strange....I wouldn't even know the right from the left speaker.

Of course, my laptop is only a year old. Yours must be very old.

I am assuming ear plug hook-up. But what if that is the problem?

I mean, I assume you only have one laptop. So how do you know it's the laptop?

And you couldn't find a used laptop in Israel? Considering the Expedited Delivery and the Import Charges I am assuming the laptop cost like a couple dollars?

[alexfre_5517]

Thank you for your advice! I have similar thoughts.

The seller has already suggested a partial refund but it's offensively small to accept.
It seems I'll have no good choices with this issue. But it's better to realize the prospects.

[mudshark61369]

@alexfre_5517,

"But will I still have a choice to return or to keep the item if the seller will offer a return? Will it affect my reputation?"

If you file a not as described dispute, the seller can offer a partial refund or pay for you to return the computer, if their partial refund amount is not enough to cover the repair.  Filing a dispute and forcing a seller to accept giving a partial refund or accept a return, does not affect your reputation on ebay. If it did no one would use the MBG.  If the seller tries to say you sent back a different item, ebay will side with the buyer most of the time.