Buyer filed chargeback for wrong item, bank sided with buyer – no seller protection applied
I wanted to share a recent experience and ask if other sellers have encountered something similar.
I sold a character gift set consisting of plush toys and small collectibles. The buyer filed a payment dispute through their financial institution with the reason:
“This device does not monitor or test glucose levels as it claims in the product ad.â€
My listing is clearly for a plush toy / collectible set, not a medical device, and makes no such claims.
After the dispute was opened, the buyer returned a pulse oximeter to my home address. This is not an item I sell and is not what was in the order. It appears the buyer disputed the wrong transaction and returned an unrelated item.
I responded to the dispute on time and submitted evidence, including photos of the packed order showing the correct items shipped. Despite this, the bank ruled in the buyer’s favor. eBay informed me that the appeal and seller protection review are final and that they cannot reverse the decision or reimburse me. As a result, I lost the sale amount and was also charged a dispute fee. This has been very discouraging for me as a small seller. I also contacted the buyer, but have not received any response.
I understand that banks have final authority on chargebacks, but I’m struggling to understand why Seller Protection was not applied in a case where:
• The buyer disputed the wrong transaction
• The buyer returned a completely different item
• The dispute reason does not match the listing
• I responded on time and provided evidence
Has anyone experienced a chargeback where the buyer disputed the wrong transaction and seller protection was still denied?
Is there any further escalation path within eBay for cases like this, or is the decision truly final even when the buyer’s claim is factually unrelated to the listing?
I would really appreciate hearing from other sellers or moderators who have dealt with similar situations.
luckythewinner
·8 months agoI understand that banks have final authority on chargebacks, but I’m struggling to understand why Seller Protection was not applied
What seller protection were you expecting? Per eBay policy, if the buyer files a payment dispute for "not as described", your seller protection is very limited.
Here is what the seller proection policy says:
When a buyer opens a payment dispute because the item doesn't match the listing
When a buyer opens a payment dispute because the item they received doesn't match the listing, sellers will be asked to provide evidence to challenge the payment dispute, such as photographs showing the item's condition prior to shipment.
When determining whether to protect a seller, eBay will look for one of the following:
(a) eBay determining that the seller met their obligations to the buyer, or
(b) eBay issuing a full refund to the buyer
https://www.ebay.com/help/policies/selling-policies/payment-dispute-seller-protections?id=5293
So in order for you to get "seller protection", you need to have either
Did you already win a "not as described" dispute against the buyer, or already refund the buyer?
kawaii_treasures_us_shipping
OP8 months agoIn my situation, there was no eBay case first because the buyer went directly to their payment provider and filed a chargeback.
I also just heard back from the buyer, and they confirmed that they contacted eBay yesterday to say they made a mistake and filed the dispute on the wrong item.
luckythewinner
·8 months agoWhich answers your question about why you were not eligible for Seller Protection. As the payment dispute policy states, a payment dispute for "not as described" carries very, very, very little seller protection.
stephenmorgan
·8 months agoYou could try a Notice of Dispute and see if eBay will answer any of your questions.
https://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf
It may be very difficult and maybe cost prohibitive to get the bank to change their decision. Do you even know the name and address of the bank?
Do you think this was some sort of a scam or just a buyer mixing up who they purchased something from? Are you able to search the buyers Feedback and find who they purchased the pulse oximeter from? Is the amount of the charge back and the amount of the item you sold the same exact price as on the Order Details for the sale?
kawaii_treasures_us_shipping
OP8 months agoThank you, that’s a thoughtful suggestion, and I appreciate you taking the time to look at this. I’ve now filed the Notice of Dispute.
I also just heard back from the buyer, and they confirmed that they contacted eBay yesterday to say they made a mistake and filed the dispute on the wrong item. So it does appear to have been a mix-up rather than an intentional scam.
The financial institution was PayPal according to the eBay customer service.
Thanks again.
stephenmorgan
·8 months agoWow, congratulations. That is nice when something can be resolved without it becoming a legal matter. Not completely over yet but sounds like it will be soon. Make sure eBay reimburses you their $20 fee and remove the defect from your account.
dolcetreasures
·8 months agoI would love to know what third rate bank made this executive decision.
kawaii_treasures_us_shipping
OP8 months agoI was told it was Paypal.
kensgiftshop
·8 months agoThe good news, you have a pulse oximeter you can sell.
Usually when buyers dispute the charge with their payment source, they don't send anything back.
bonjourami
·8 months agoSorry to hear this, once the buyer goes to his cc, Ebay is completely out of the picture.Unfortunately, showing photos of what was packed and shipped is not proof of what was received.The seller is always charged the $20 fee with a bank dispute.