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No recourse for partial order

I ordered two of an item and only received one. I then wrote to the seller 3 times with no reply.  I notified eBay and got a form letter from eBay stating “that the item was shipped and received”.  Obviously there is no protection if a shipper only ships part of the order!!  So, apparently, if you order 10 of something and the shipper only sends 2, you have no recourse!!!!! Unbelievable!!!

Message 1 of 32
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31 REPLIES 31

No recourse for partial order

The eBay money back guarantee is the recourse.

 

"Shipped and received" has to do with an "Item Not Received" case. As long as the seller can provide tracking that shows delivery, the seller will win that case.

 

For a "Not As Described" case, eBay will side with the buyer as long as the buyer is willing to ship back what was received before the deadline for a full refund.

 

https://www.ebay.com/help/buying/returns-refunds/return-item-refund?id=4041

 

Message 2 of 32
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No recourse for partial order

@firenzeromagirl 

Yes, you have recourse.  File an SNAD case (item received significantly not as described).  There is an Ebay Money Back Guarantee for buyers and if there is no satisfactory solution offered by the seller in response to the case you open within 3 days, then go to the case details and ask eBay to step in and help.  

Message 3 of 32
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No recourse for partial order


@firenzeromagirl wrote:

I ordered two of an item and only received one.

 

I then wrote to the seller 3 times with no reply.  

 

I notified eBay and got a form letter from eBay stating “that the item was shipped and received”.  


Even though you've already lost the first case @firenzeromagirl, you can still open a second case to get a partial refund.

 

Just click “Return this item” then select the “Missing parts or pieces” reason and indicate the missing quantity.

 

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After 3 business days, if you still don't have the partial refund for the missing quantity, come back to click Ask eBay to step in, to get your partial refund.

 

Since the seller is not responding, don't pursue that channel, and just stop talking to the seller. If you get a prepaid return label, you are only expected to return the missing items i.e. the original package -- enclosed in a larger envelope or box with the prepaid return label affixed to it -- without the items which did arrive, to get your partial refund when it is delivered back to the seller. That's what “Missing parts or pieces” means.

Message 4 of 32
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No recourse for partial order

I tried that but the seller doesn’t accept returns.  

Message 5 of 32
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No recourse for partial order

I tried that but the seller doesn’t accept returns.

 

The seller's policy only concerns "remorse" returns where the buyer decides to return for another reason aside from not matching the item description.

 

The seller does not need to accept a return to make a refund.

 

Message 6 of 32
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No recourse for partial order

PLEASE read the Money Back Guarantee again.

If/when a buyer opens an item not as described case within 30 days, eBay will require the seller to send the buyer a prepaid return label if he wants the item back.  After the seller receives it, he is required to refund the buyer his total payment.  Sellers CANNOT not accept returns if the return is for that reason. 

However, if you opened an item not received case, that's a whole different circumstance because that was the wrong kind of case.

What case did you open?  

Message 7 of 32
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No recourse for partial order


@firenzeromagirl wrote:

So, apparently, if you order 10 of something and the shipper only sends 2, you have no recourse!!!!! Unbelievable!!!


What now?

Message 8 of 32
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No recourse for partial order

you need to take charge of the situation and that does not start with contacting the seller

 

who cares if the buyer does not do returns because ebay does and thats who you need to deal with

 

stop talking to the seller and file an item not as described

 

you should also bone up on the mbg


Germantown proud Germantown strong
up the whiskey hickon
moving right along
19144
Message 9 of 32
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No recourse for partial order

Did you follow the protocol for such things in the MBG?  If so, it sounds like you either filed the wrong type of dispute or missed the 30 day filing window.  You should have filed a return request using the appropriate NAD reason.  You may be able to file through your payment funding source if it is too late to file the correct dispute with eBay.

"It is an intelligent man that is aware of his own ignorance."
Message 10 of 32
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No recourse for partial order


@ky9991 wrote:

@firenzeromagirl wrote:

I ordered two of an item and only received one.

 

I then wrote to the seller 3 times with no reply.  

 

I notified eBay and got a form letter from eBay stating “that the item was shipped and received”.  


Even though you've already lost the first case @firenzeromagirl, you can still open a second case to get a partial refund.

 

Just click “Return this item” then select the “Missing parts or pieces” reason and indicate the missing quantity.

 

r3dfoiajsodifjaosdjofijdisjfosadfjodsjfisdjofjodsjdsjfoak3.jpg

 

After 3 business days, if you still don't have the partial refund for the missing quantity, come back to click Ask eBay to step in, to get your partial refund.

 

Since the seller is not responding, don't pursue that channel, and just stop talking to the seller. If you get a prepaid return label, you are only expected to return the missing items i.e. the original package -- enclosed in a larger envelope or box with the prepaid return label affixed to it -- without the items which did arrive, to get your partial refund when it is delivered back to the seller. That's what “Missing parts or pieces” means.


Actually, I don't believe eBay will ever force a partial refund.  Under the MBG the OP would be required to return what was received if they filed a NAD return request in a timely manner.  If the time limit of filing under the MBG has lapsed, the OP would need to file with their funding source.

"It is an intelligent man that is aware of his own ignorance."
Message 11 of 32
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No recourse for partial order


@7606dennis wrote:

Actually, I don't believe eBay will ever force a partial refund. 

 

Under the MBG the OP would be required to return what was received if they filed a NAD return request in a timely manner. 


eBay calculates a prorated refund in "Refund summary" for half of the total purchase, for example, for returning just 1 of the 2 items purchased.

 

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That's how "How many items do you want to return?" works: A buyer is returning fewer than the full quantity to get a reduced refund which reflects the partial return.

Message 12 of 32
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No recourse for partial order

It is up to the seller if they want to issue a partial refund. Partial refunds CANNOT be demanded by the buyer.  

Message 13 of 32
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No recourse for partial order

If said seller truly did not send both items you ordered, you file a return request for a full refund with Item not as described, missing parts etc. Regardless of seller return policy an item not as described case should allow you to get a refund with EBay’s money back policy. If seller refuses to work with you you escalate the case to ebay. Under most conditions you will get an approval for a return of the merch you were sent. Obviously filing an item not received when Item was delivered is not going to work. This is to protect the buyer and the seller who  on other cases just may have sent the right quantity and collided with a scamming customer who makes a false claim for delivered merchandise.

Message 14 of 32
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No recourse for partial order

First as others have said this is NOT a "not received" dispute. The shipment does show delivery.

It is a Not As Described dispute.

 

Second, No Returns does not mean No Refunds. EBay's Money Back Guarantee guarantees refunds if the correct protocol is followed.

 

If you cannot get satisfaction from an eBay dispute, you are also covered by Paypal's Buyer Protection program and by the chargeback provisions of the credit card you paid with.

 

You are not covered if you used a gift card or debit card.

Message 15 of 32
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