SELLER WARNING: FLAGRANT, OPEN, ILLEGAL RETURNS FRAUD OK WITH EBAY

[hotel*california]

I rarely write in to the community but something really alarming is happening right now with a transaction which is illegal under CA state law. THERE IS EVIDENCE OF CRIMINAL WRONGDOING BY THE BUYER. 

Please read: 

I sold a vacuum cleaner part from a Dyson DC40. I specified repeatedly in the ad that I was parting it out and the buyer should name the part, then I would identify that part and accept or reject the offer from the buyer for that part.

The buyer named the part: the sole plate on the bottom.

The buyer offered $25.

I accepted the offer and shipped the part. 
I confirmed with Dyson that what I shipped was the sole plate. 
My part was undamaged and shipped on time. 
I had 1983 positive reviews at that time, no negatives and no neutrals, after years of selling.

The buyer demanded their money back immediately, and photographed the sole plate, unbroken, as shipped in a priority box by me.

The buyer claimed it she ordered the entire vacuum cleaner. False. She named the part. Again, my ad was specific in three places that it was for a part the buyer would name. She named it.

The buyer claimed it was not a sole plate. Her photographs clearly prove it is the sole plate. 

The buyer claimed it was broken. False. The photo proves it out.

I specifically listed as NO RETURNS to prevent a rampant fraud method: broken parts swap fraud. You have a broken part, you buy a good one, then claim it is broken. You return the broken one and keep the good one. Stone simple fraud. Ancient, tried and true. 

Ebay has granted the return, and is making me pay shipping both ways, although my policy was buyer pays return shipping and should be moot on this with no returns policy.

I refused, and received a negative review. 

I have maintained a 100% TRS status for years, with 1986 positive reviews, and now one negative. 

Buyer claimed wrong item sent both in the return and the negative review DESPITE THE PHOTOGRAPHIC EVIDENCE.

EBAY TURNED A BLIND EYE TO THE FRAUD AND WILL REACH INTO MY BANK ACCOUNT SO SOMEONE IN FRESNO, CA CAN HAVE A FREE VACUUM CLEANER PART.

THEY ABSOLUTELY DO NOT CARE ABOUT THEIR SELLERS AND HAVE ACTIVELY LOOKED AWAY FROM EVIDENCE IN THIS MATTER. 

THE BUYER HAS BEEN ON EBAY FOR FOUR MONTHS, WITH THREE POSITIVE REVIEWS AS A BUYER!!!!!

IVE BEEN ON EBAY FOR EIGHT YEARS WITH 1986 POSITIVE REVIEWS, AND IT SHOULD BE 1987. 

[luckythewinner]

Generally speaking, eBay always sides with the buyer. 

That aside ... 

I have never seen a listing like yours in all my 20+ years on eBay.

For those who don't know, the listing pictures of an entire vacuum cleaner and says: 

Dyson DC40 Vacuum Cleaner Parts. Part Only.

Just name the part, send an offer.

[buyselljack2016]

...

[jojitsusensei]

Every time I read these boards it's more horror stories. Close your PayPal account disconnect any credit cards.

[southern*sweet*tea]

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@luckythewinner wrote:

Generally speaking, eBay always sides with the buyer. 

That aside ... 

I have never seen a listing like yours in all my 20+ years on eBay.

For those who don't know, the listing pictures of an entire vacuum cleaner and says: 

Dyson DC40 Vacuum Cleaner Parts. Part Only.

Just name the part, send an offer.

---

Is that even Ebay "legal"?   I thought choice listings like that were verboten.

Seems like a bunch of SNADs waiting to happen, especially nowadays when many buyers don't read, they just look at the pretty pictures...

[slippinjimmy]

The listing is misleading, the OP should have accepted the return, there are a couple of examples of a misleading listing given in the policy pages that could apply.

[chapeau-noir]

@hotel*california   That's a choice listing and is not legal on eBay.  I understand that the buyer has gone through a carousel of excuses and you feel ripped off, which is understandable, also, but eBay doesn't care and by not taking the return you've also gotten an unresolved case defect on top of everything else (and no part back), and those defects are serious. 

eBay always sides with the buyer - 'no returns' is fine until you get someone who files not as described and then you're stuck - we're all stuck - having to refund.  In this case, you don't even have any evidence that what you sold (the sole plate) even exists in a discrete listing.  It's better not to do that. 

Disassemble the vacuum, do the job right and just list the parts. 

[ayamenoop]

I don't want to kick you while you are down but with ebay's generous buyer protection and buyer's selective reading skills you are kind of asking for it

Did you document and present your chat transcript to ebay CS?

[chapeau-noir]

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@jojitsusensei wrote:

Every time I read these boards it's more horror stories. Close your PayPal account disconnect any credit cards.

---

This board has always been full of horror stories - it's because people come here because they need help.  The vast majority of transactions that go well don't really come up here, because they...well, went well.

[3eyedfishcatcher]

Part of the problem with what you were trying to do was assuming the buyer would know the correct name for the part they are looking for and what that part would look like. While most buyers would probably know what they are doing there is always the risk of a buyers with little or no knowledge about the item they are repairing buying the wrong part then as buyers remorse expecting you to refund and take the loss rather than them. You should issue the return label and get the part back then the next time it sells you could seek to get more money to cover the 2 shipping labels. However the better thing to do is spread the cost of the 2 shipping labels by increasing the price of all of your items a little to cover the lose over time. 

Since the buyer at 1 point tried to claim the listing was misleading and that they thought they were getting the full vacuum. Perhaps the better thing to do would be to use a multi listing and take all the full vacuum apart and in the listing have individual part numbers and pictures for each component. So the buyer will have to select the part wile stock remains and there will be a picture of the part so they can verify condition before purchase.

[fashunu4eeuh]

This post surprised me because you are a long time successful seller. There are important policies that have caught you unawares. It is to your credit that you have gone this long without any previous experience with the Money Back Guarantee. I am afraid now this lack of experience has cost you. 

A seller's No Return policy is trumped by eBay's Money Back Guarantee. Add to that a less-than-scrupulous buyer, the confusing listing that also breaches policy, and you have a perfect storm. 

However, given the circumstances, I would appeal eBay's decision. You have 30 days in which to do this. Gather all your evidence, supplying new facts not already submitted in your defense, if you can. That is what eBay wants to see. Below are links to the MBG and the instructions on how to appeal. Good luck and I hope you are able to have this reversed.

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

https://www.ebay.com/help/selling/managing-returns-refunds/appealing-decision-seller?id=4369

[turquoisetulips]

For those who don't know, the listing pictures of an entire vacuum cleaner and says: 

Dyson DC40 Vacuum Cleaner Parts. Part Only.

Just name the part, send an offer.   luckythewinner 

IMO  that wording  is pretty easy to understand  . It  makes it very clear the OP is selling only parts .  Nobody  will be able to purchase an entire  Dyson vacuum cleaner  for 25 dollars   unless its rubbish . Obviously the OP  is being scammed .  Tulips 

[mam98031]

I get it that this is upsetting.  Similar situations have happened to many of us, so we do understand.  There are some good thoughts on this thread.  You may not like them but will actually help you if you would consider them. 

While I agree that your buyer seemed a bit back and forth with their reasoning, your listing left a lot to be desired too.  You may think it was clearly written, but I sure don't see this listing that way at all.  It seems way too slim on specifics and only a couple rather general statements.  These types of listings invite misunderstandings and problems.  

I can see why you buyer may have thought they were getting the whole vacuum.  It is just not clearly described as to what you were doing with this listing.

You stated that you have a No Return policy and then you said " my policy was buyer pays return shipping".  Ebay has no return policy option that has those two things in it.  And none of the available policies allow for a seller to charge shipping or have the buyer pay shipping on an INAD.  All return policies sellers can offer on this site must meet or exceed the MBG.  

[mam98031]

You may find this helpful.  Please understand I am in no way trying to minimize the issues you are having.  They are important.  There just may be another way to look at this, learn from it and move forward.

The return policies options are as follows.

1. No Returns
2. 30 day returns w/ buyer pays shipping
3. 60 day returns w/ buyer pays shipping
4. 30 day returns w/ seller pays shipping, AKA Free Returns
5. 60 day returns w/ seller pays shipping. AKA Free Returns

With option number 1, No Returns the seller can completely deny taking a return for a Buyer's Remorse Return Request.  Or if they want to they can accept the return and have the buyer pay the return shipping.  If the seller so chooses they can withhold the original shipping if it was separately stated on the listing [not free shipping] when it is time to refund the buyer.

On options 2 & 3 the buyer is responsible for the return shipping on a Buyer's Remorse Return.  Plus if the seller so chooses they can withhold the original shipping if it was separately stated on the listing [not free shipping] when it is time to refund the buyer. As of October 1st 2019, sellers that are TRS have some additional protections as well as they can issue partial refunds if they options 2 or 3 as their return policy.

On options 4 & 5 above, they are also known as Free Returns.  If a seller that has either of those policies they will pay the return shipping even on a buyer's remorse return.  A seller can withhold the original shipping value from the refund if the shipping was separately stated in the listing [not free shipping].  Also Seller’s offering options 4 or 5 have the ability to do partial refunds in certain cases if the item arrives back damaged, missing something or in a condition less than what it was sent to the buyer in, see the policy for more details, the link is below.  In the cases where a deduction in the refund is taken due to damage or other authorized reasons for a partial refund, Ebay will protect the seller from negative or neutral feedback.

ALL OPTIONS [1, 2, 3, 4 and 5] are required to process SNAD claims without exception.  Even if they are improperly filed and should have been a Buyer’s Remorse claim.

All return policies by sellers must meet or exceed what is stated in the Money Back Guarantee Policy!

For those with Free Return and/or TRS members with 30 day return policies, there are some added benefits, one of which is the ability to do a discounted refund under certain conditions.

[gracieallen01]

A lot of people complain about the way returns are handled on ebay.  Many appear to have justification for their ire and dissatisfaction.  Perhaps there is even just cause in your case, as well.  However, it doesn't do your case any good if you aren't clear and concise in your photos, description and details.  Showing a photo of an item and saying to let me know which part is no better than ebay saying that they don't know what the seller sent or what the buyer returned - just refund and start over.  Something may seem illegal to you, but you have to give proof to a judge and perhaps a jury.