eBay took the side of the buyer again

[alternative_lab_source]

I just got a taste of the "buyers always win" practice of eBay as a seller. I am very mad about the situation, so I will share it here and see what you guys think. 

I am a top-rated seller of laboratory equipment and supplies. Since I opened the store last year, I have had 100% positive rating until this last buyer left a negative review. 

Earlier this month, a buyer  purchased a vacuum pump from me. The sold price was $999. I packaged it personally and shipped it out via UPS. About two weeks later, the buyer opened a return case, claiming that I sent some books, not the pump. I knew this was a scam right away, but since I accept returns, the return process started automatically. When I received the package, I refused to issue refund, eBay stepped in and ruled in favor of the buyer. I appealed, and then eBay quickly rejected my appeal.

I have evidence to show that I shipped the pump, not the books. Here they are:

1) The pump is very heavy, and the package with the pump was 60 lb when I shipped it. The total weight of the package with the books was only 32 lb. UPS verified the weight and dimensions of the packages during the initial scan, and UPS accepted my shipping label. I also have a video captured using my Ring camera that shows a UPS driver picking up the package. From the way the driver carries it, anyone could see this is not how a big guy carries a 32 lb package.

2) There is a minor oil stain at the bottom corner of the package. The vacuum pump uses mechanical oil.

3) The tape at the bottom was clearly tampered with when I received the returned package. The eBay water-activated tape that I used to package the pump is clearly broken and re-taped with regular tape. The buyer's photo showed that he opened from the top of the box (the side with the shipping label), which begs the question that who opened the box from the bottom and why?

4) Among the seven books that were returned, six were new textbooks namely "Mosby's Textbook for nursing assistants". The buyer is a faculty member at a medical school. Who is more likely to have these books?

I have all the photos and records to support my evidence. Not going to upload here because they may contain personal information. I didn't submit this evidence during the first appeal, because I thought an eBay agent would reach out to me to collect evidence. That wasn't the case and they refused to reopen the case, saying (here I am quoting) "The way the system was set up is that we only receive a single appeal from both seller and buyer."

Now I am left with holding the bag of about $1150 bill (item value plus shipping). What should I do?

[farmalljr]

File a police report in their district for theft.  File a theft case in your district. 

No one is probably going to do anything, in all reality. Maybe they will, who knows. eBay expects you to accept it as a "cost of doing business". 

If you know where they work, have you called and asked them why they stole your pump? The leg work is on you, eBay isn't going to do anything about it. 

[alternative_lab_source]

Thanks for the quick response. While the buyer is a faculty member with an impressive resume, the buyer's ID belongs to the purchasing department of the school. I find it very hard to believe that the faculty would consciously steal my pump (anything could happen), but the school officials (whoever first received it) or some UPS guy could also be the culprit. Therefore, I am hesitant to file a police report against anyone and damage his/her reputation. The buyer didn't waste any time damaging my store's reputation though. All I can say is I didn't do anything wrong in here. 

So what can I do to get my money back?

[farmalljr]

The FIRST thing you should do is call the school and raise a stink. Talk the the head honcho, whoever that is. Explain the situation. I don't care how impressive someone's resume is, a thief is a POS no matter how decorated. One would think the school would feel the same, as it drags their own reputation through the mud. 

Then if you are blown off, file a police report. Get cracking on it now, not two weeks from now. Resolve this quickly on your own. 

[alternative_lab_source]

Thanks for the advice. I actually emailed the professor right away, and he/she responded fairly quickly. According to him/her, he/she opened the package with his/her students in the lab and was also mad and disappointed. He/She said he/she suspects UPS. UPS initially lost the package for a couple of days after arriving at the state of the delivery address, then delivered all of a sudden.

I think you are right I should file a police report. Police should be aware of such fraud, regardless of what they do about it. The only problem is that the buyer is in Connecticut and I am in Ohio.

I am also considering filing a small-claim lawsuit against eBay for unfair verdict. Does anyone have experience with this?

[qeqo_0]

---

@alternative_lab_source wrote:

1) The pump is very heavy, and the package with the pump was 60 lb when I shipped it. The total weight of the package with the books was only 32 lb.

UPS verified the weight and dimensions of the packages during the initial scan, and UPS accepted my shipping label. I also have a video captured using my Ring camera that shows a UPS driver picking up the package. From the way the driver carries it, anyone could see this is not how a big guy carries a 32 lb package.

2) There is a minor oil stain at the bottom corner of the package. The vacuum pump uses mechanical oil.

3) The tape at the bottom was clearly tampered with when I received the returned package. The eBay water-activated tape that I used to package the pump is clearly broken and re-taped with regular tape.

The buyer's photo showed that he opened from the top of the box (the side with the shipping label)

which begs the question that who opened the box from the bottom and why?

4) Among the seven books that were returned, six were new textbooks namely "Mosby's Textbook for nursing assistants". The buyer is a faculty member at a medical school. Who is more likely to have these books? 

---

Your oil leak indicates that your 60 pounds was not double-packed inside that stained box.

When something fell on the 32 pounds and something fell on the 60 pounds, both broke open either separately or due to each other, and the 60 pounds was repacked with the books and its bottom retaped.

If both boxes were headed to the same city, which city is more likely to have these books?

[ittybitnot]

@alternative_lab_source 

Basically, what you have is a "faulty return".  eBay does not provide  seller protection for faulty returns.  However, since you are a TRS, does this listing qualify for you to retain 50% of the refund? That way you are not out the total amount.  

Unfortunately, eBay is not interested in any of your "evidence".  The system us automated, and customer service is no longer allowed to intervene. 

The account was rather dormant before now.  To what city/state did you send this product? Did they use your return label? 

Just because UPS was involved, it does not prevent you from filing a claim with the US Postal Inspectors.  

Dear Buyer.  

I am so sorry to hear that you seemingly received books instead of the product you ordered.  I take this very seriously, and will be filing a report with the US Postal Inspectors on your behalf as they retain jurisdiction over FedEx and UPS as well.  Typically, it takes about 24 hours to receive the case number, which I will forward to you so you can keep abreast of the situation, for I know you are interested in finding out and cooperating well. 

Sincerely, 
You 

You don't hear back in 24, go ahead and file the case and send your buyer the number.   You can't send the link to the case in an eBay message because eBay will strip it out (even if it a link to an eBay page). Send a copy to yourself in case they remove the "number" as well.  In all the times I was a victim of similar nonsense, I only had to actually file once and when the "buyer" got the case number I got my money back forthwith. 

Here are the things that eBay says a buyer is NOT ALLOWED to do.  Keep in mind that if the buyer engages in any of these activities, it does not mean they won't be refunded in full from your proceeds anyway.  The entity that controls the money controls the outcome, and that does not include you. 

Not allowed

Returning an item other than the original item received
Using or damaging an item and then returning it
Returning an item with the reason that it was not as described when it was described accurately

https://www.ebay.com/help/policies/rules-policies-buyers/abusive-buyer-policy?id=4374

[alternative_lab_source]

It was double packed. The oil likely did not come from the pump, but from the oil mist filter  which usually contains a small amount of oil residue. I bubble-wrapped it, but it is not sealed.

There is certainly a possibility of the pump dropping out. I used water-activated tape along the opening and across the opening, the box is double-walled. Water activated tape is known to be stronger than regular tape. 

Even if the pump fell out hypothetically, the buyer should file a damage report, not to replace it with books. What are they trying to hide?

I am not sure what you mean by " If both boxes were headed to the same city, which city is more likely to have these books?". There was only one box from me, that was with the pump. The books are what the buyer claimed that that were in the box. 

[alternative_lab_source]

Do you have a link to the policy that allows TRS to "retain 50% of the refund"?

It was sent to Connecticut. They used the label eBay sent, which was a USPS label. I think they send USPS labels by default, which is terrible for heavy items. The label alone costs $88. 

"Dear Buyer.

I am so sorry to hear that you seemingly received books instead of the product you ordered. I take this very seriously, and will be filing a report with the US Postal Inspectors on your behalf as they retain jurisdiction over FedEx and UPS as well. Typically, it takes about 24 hours to receive the case number, which I will forward to you so you can keep abreast of the situation, for I know you are interested in finding out and cooperating well.

Sincerely,
You"

Where did you get this message? I have not seen this. 

Thanks for the great info!

[luckythewinner]

 I thought an eBay agent would reach out to me to collect evidence

Generally speaking, any buyer can steal any item from any seller at any time by filing a fraudulent dispute.

eBay offers buyers an essentially unconditional Money Back Guarantee, so they are not going to pay an agent to determine that eBay should foot the bill for the Money Back Guarantee instead of you.

[ittybitnot]

Where did you get this message? I have not seen this. 

@alternative_lab_source 

LOL...I made it up.  I have been here a long time, though I quit selling here.  eBay does not help a seller in these circumstances, so sellers have to use what they can.  Though if it was an international sale, those buyers don't care a whit about any Federal Investigation, but the homeboys seem to take notice.    It was very effective and most often I got some "sorry, I confused you with another seller" or "my mistake, I found the correct parcel"....yada yada.  The one that held out until they got the case number sent me some PayPal money right away.  I didn't have to file a claim on any of the others.  

Not saying this will work for you, but at this point you have nothing much to lose. 

[alternative_lab_source]

So what should we do then? I see there are many sellers that have been in a similar situation.  Quit selling on ebay is certainly an option, but what about this transaction? This is a fairly high-value item, high enough that I am considering taking eBay to court. 

[alternative_lab_source]

LOL, I didn't get it the first time. Tricked me for sure. 

[luckythewinner]

---

---

So what should we do then?

There is not much you can do IMHO.

I see there are many sellers that have been in a similar situation.

And when you saw them, did you see any indication you would get your money or your item back?

Quit selling on ebay is certainly an option

A common mantra on eBay is "don't sell anything you cannot afford to lose".

I am considering taking eBay to court.

The eBay user agreement you acknowledged says that if you allow eBay to step in, you agree to accept whatever decision they arrive at. So I am not sure what you would take them to court over. Also note that in the same user agreement, you agreed to resolve disputes with eBay via arbitration and not via the courts.

[mtgraves7984]

Do you have a link to the policy that allows TRS to "retain 50% of the refund"?

@alternative_lab_source 

I haven't dug up the link, but It's true that you did have the ability to reduce the amount of the refund by up to 50%, since you are a TRS who offers (at least) 30-Day Returns. The rub is... you'd have had to issue that refund. Once eBay became involved (and refunded for you), that seller perk was off the table. Good luck with your appeal.

Edit to add: Here's the link... scroll down a bit. >> How to handle a return request as a seller | eBay