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Ebay Buyer Protection Guarantee Advertised but Not Applicable for Services
Hello all,
I ran into something new after 20+ years on eBay. I checked out for a repair service from a seller named SpeakerHouse in early December.
There is a reference on the listing (inserted by eBay) about the Buyer Protection Guarantee. The seller reported that the item arrived physically damaged. In order to know whether to file a USPS insurance claim and/or to proceed with the intended repairs, I needed a photo. The seller never provided one or explained why a photo was not sent.
After nearly three weeks, I still did not have an acknowledgement of my photo request. The seller simply reiterated that my unit was "in the cue" (not yet repaired) and would be sent back after repair.
I indicated that if I do not get a photo, I have to assume the damage must be quite severe otherwise why ignore a repeated request to see if the damage. After that the only response I got was the notice that the seller had obtained an electronic ship label — but nothing has been given to the carrier. (By doing this, it took away my option to cancel the order.)
I just got off the phone where I learned eBay does not apply their Buyer Protection to services. After the call, I revisited the listing and sure enough, the statement about the Buyer Protection Guarantee is present.
Nothing about the seller's communication or listing prepared me to understand that I may not get my money back on the repair or that I may not even get my unit back at all.
I could see this kind of oversight if eBay was a new platform but they have been around long enough to create "service" as a category and to create an auto-generated disclaimer at checkout for Service as a purchase, e.g. "Buyer acknowledges that payments completed for services are not covered by eBay Buyer Protection Guarantee".
Has anybody else run into this?
Am I out of options for a USPS claim of damage if the seller refused to provide a photo prior to using another carrier to return it (if he returns it)?
My contention is that eBay allows services, therefore eBay should have the proper product category tags and if the seller has inserted the listing into a Services category, then the eBay Buyer Protection tagging should not appear on such listings.
It seems that sellers of Services can easily exploit eBay's loopholes, in part because eBay's system slaps that Buyer Protection Guarantee statement even on listings to which it does not apply.
It's one thing if the listing did not contain a reference to the Buyer Protection Guarantee at all. But since it did, shouldn't eBay honor the tagging since otherwise it serves a misleading purpose (false advertising) on a listing for a service rather than a product?
