Buyer keeps the earrings sold for 1200$ and gets fully refunded-SOLUTION needed HELP

[Anonymous]

Hi,

everyone, today I faced something very uncomfortable. 

I am a private hobby seller located in Germany, on Nov. 9th I sold two pairs of very nice antique diamond earrings ( whole sale ) to Ebayer  for 1200$. I packed the parcel well and shipped through DHL express so the buyer received the parcel in3-4 days but she wrote immediately that all edges of the diamonds are damaged,  if I gave 250$ partial refund she will keeps the item, of course that is a lie and I was feeling very uncomfortable with that. I told her to ship the earrings simply back to me and I will also cover the return shipping fee and gave return guide in detail. I am in Germany, it is not that easy for me to organise a label with pick-up appointment , custom declaration signature etc. As far as I know ebay offers two options for return request, provide label or transfer the shipping fee for label to buyer ( if I can not purchase a label by myself ) both are possible. 

The buyer opened a return request, I agreed but she never reply to my message with my return guide or cooperate with me to ship the item back , several days later  she opened the case to Ebay and today Ebay decided on the buyer's side , she keeps the earrings for 1200$ and get 1200$ refunded, I lose the earrings and the money.

I contacted Ebay, Ebay customer service replied that an open communication will help... I should supply the buyer a label ... but an open communication does not help if the other person keep silence and aims to keep the item and the money. And it also does not help , when Ebay has the second option in the policy but I don't understand why ebay ignore that. 

It is terrible , I did not see any fairness and justice in this process and I don't believe this happens nowadays , I am on Ebay also for very long time ,buy my favourites, sell what I do not need , actually most time quite happy and easy except the high selling fee year by year. 

I have several ideas in the head, maybe someone from you can also help me or give me some advices about his case what I am facing now if you have time to read my text till now. 

1) contact police in NJ ?

2)contact lawyer in US ?

3) Anyone( but who )? Courier service ( but which ) who can pick up the earrings by the Buyer's address then pack that and ship that to me ? ( I am in the opinion the buyer will not be cooperative , I am worried she will not be cooperative with the pick up appointment or even worth ) 

Thank you for read such a long essay and if possible with some advices or help will be much appreciated . I am still positive because I did not do anything wrong through Ebay does not stand on my side. Thank you very much.

Best regards,

Panklind

[bamorris]

I'm not sure if you accepted her "return request"? You said you had terms. And I believe it's a binary approve/reject.

If you left the return request open and did not approve it directly, she may have been reluctant to send these to you as she wouldn't be covered by eBay's buyer protection.

I had a similar instance where I bought a part from an overseas seller that was misrepresented. I opened a return request for "Item not as described". They never approved the request and continued arguing with me saying "ship it back using the address on the package". Which leaves me exposed. I told them to approve the request and I would ship.

Anyway, same thing happened. They escalated to eBay and eBay found in my favor. I kept both items.

I would also use eBay's shipping hub if it is available to you as they absorb returns and you are always made whole in cases like these. Or simply choose to not do international shipping business.

You may be appeal the decision. I would look into appealing.

[bonjourami]

It sounds like you didnt respond to the case itself with either funds for the label, and refund after return? You cant just keep emailing the buyer with offers, you must respond to the case.Im sorry this happened to you tho. I dont think, being in Germany, that you would get any assitance from police, or a lawyer in the U.S.The buyer would not be required to turn over the earrings to any courier here.By not responding to the case itself, Ebay stepped in and refunded her, without having to return the earrings. You also received a defect on your account for not responding to the case. You can see that on your seller dashboard. .

[Anonymous]

Yes, she requested return and I accepted return immediately. 

There are several options for shipping labels , and I choosed the third one which I remembered something like I worked together with the buyer to return the item, something like that .

I am taking it for granted that the buyer wants to return the item and she can simply return it back : ( 

[Anonymous]

she opened the return request , then I accepted that immediately . I choosed a third option about shipping that I worked with buyer to solve the return , then I can not write any message there through case anymore. So then every message is through Ebay message but it seems ebay does not care about that for the decision. 

[bonjourami]

Did you respond within the time frame directly to the case with refund after return? It doesnt sound like you did, since the buyer was refunded by Ebay, without having her return the earrings. That only happens when the seller does not do a prompt return to the case,and Ebay has to step in. Sounds like you just kept contacting the buyer,which as you found out, is pointless. 

[soh.maryl]

Since you are not located in the US, and I assume the buyer is, you'd be unable to send the buyer a return label and would have to refund the buyer in advance for the return shipping fee.  From your message here, cannot figure out what you actually did in response to the case if/when the buyer opened an item not as described case.  

[Anonymous]

I actually keeped contacted with Ebay customer service all the time , they wrote twice to the buyer on my behalf .

I also called ebay customer service for return three times, and they gave me the second option that I can wait for buyers respond and transfer the shipping fee to buyer and let her to purchase the shipping label for me, they promised me that Ebay will not let the buyer to keep the money and item without respond , so I am quitely shocked about this outcome...

Through the talking I have a feeling that maybe now only police and lawyer can help ?

I don't think the buyer will ship the earrings back to me. 

[bonjourami]

Did you respond to the case itself with refund after return? 

[kensgiftshop]

If you wanted them returned, you have to pay return shipping up front.

Since you can't provide a return shipping label, you have to send them the money to pay for the return shipping.

Since you didn't, the buyer asked Ebay to step in and they did.

[Anonymous]

yes, from this part I think I made a  mistake . 

she opened the case as not as described, yes that is absolute a lie, but I have seldom faced a case like this so I thought simply accept return and ask her to ship that back, I should actually asked her to change the reason for return or ask her to provide evidence or maybe let ebay to step in and decide because she has tended to asked for 250$ refund to keep the item. 

[bonjourami]

Its never a good idea to ask Ebay to step in, as they see the seller as non performing in handling the case, and will immediately refund the buyer, you also woud receive a defect to your account.

[Anonymous]

Hi, I asked buyer for providing PayPal address to transfer the shipping fee, she does not reply . 

[Anonymous]

yes, I kept talked with Ebay customer service about this case and contacted buyer for giving me PayPal or something for transferring the postage, no response from the side of buyer. 

[Anonymous]

My request now is actually how to get my earrings back : ) 

Any ideas, please  ?