What constitutes SNAD and who pays return shipping?

[tomatbay]

Listing Title says:  Sony Radio XYZ

Condition says:  Used, only tested that powers up

You get it and yes, it powers up but doesn't work.

Who pays return shipping?

NOTE:  eBay rep says Title is the legal definition of what is sold.  (So I wonder if "AS-IS" is in the title, Seller is off the hook?) 

[comics-scifi-collectibles]

@tomatbay.  eBay reps sometimes try to say what a seller wants to hear.    There is no such thing as a "as is" listing on eBay.  

If the buyer files a refund request SAYING that the item is not as described then you need to accept the return and issue the return shipping label.  

The eBay Money Back Guarantee overrules your returns policy.   Your return policy only applies if the buyer files a buyer's remorse return:  Doesn't fit, changed mind, etc.  

If you do not accept the return willingly then the buyer can ask eBay to step in and forces a refund. You do not get your seller's fees back, you get a defect and the buyer may be allowed to keep the item.

If the buyer abuses the eBay MBG in some way then you can report them but it doesn't get your money back:

https://www.ebay.com/help/selling/resolving-buyer-issues/report-issue-buyer?id=4084&st=12&pos=3&quer...

Sellers have protection for return abuse if they offer FREE RETURN shipping on their listings OR if they are a Top Rated seller and offer 30 days or greater returns.  The seller can then reduce the refund amount by up to 50% if the buyer sends a different item or somehow reduces the value of the item.

Seller protection: 
https://www.ebay.com/help/policies/selling-policies/seller-protections?id=4345&st=12&pos=4&query=Sel...

[tomatbay]

You didn't answer the question.  "not as described" yes, but WHERE?  eBay agent says the title defines the item.  If the description says item is broken, tough beans, the title did not say broken.  And so the buyer can return SNAD because it is broken.

I want to buy a computer KVM switch listed with a "clean" Title, but they say in Condition:  tested and powers on.  They even say, take a chance, we've priced it low (they have not) and you may get a god deal.

According to eBay if it doesn't work it's SNAD and I get all my money back they pay return shipping.  This even applies to pictures.  If the Tile is wrong but you show the actual picture of the item, the Title is binding, not the picture of the actual item.

I run into a lot of  "Tested - power on - we have no way of testing further."  In my world, if it doesn't actually work, they disclosed that, and it's on me.  in eBay's world, Seller is on the hook and I can return SNAD.

So which is it?

Again, what is the legal definition of SNAD?

[tomatbay]

Also, if there is no AS-IS listing on eBay, that means when you sell a broken item and Title it as broken and Condition as broken, (which is the meaning of AS-IS), that means if you receive it and it is broken, you can say SNAD.

[tomatbay]

I do a lot of "as shown in pics" when I sell stuff I'm not totally sure about the condition.  Sometimes I put that in the Title and always in Condition and Description.   I never got a straight answer from eBay agent if "as shown in pics" in Tile make the pics part of the legal definition of the item.

[comics-scifi-collectibles]

@tomatbay.  I can only advise you as to how the site works.    

I never sell anything that I am not 100%

sure it works  

Always describe items like there are no pictures and take pictures like there is no description. 

[house*of*paws]

Hi @tomatbay 

How is ‘Used’ defined in the Item Specifics?

It usually includes words like ‘fully operational and functions as intended’ … which makes the item automatically SNAD if it doesn’t ‘work’ … regardless of disclaimers such as AS-IS.  

BTW, any flaws in the item must be specified in the Description.  A seller cannot tell a buyer to judge the condition of the item by looking at the photos … since buyers cannot be expected to distinguish flaws in photography from flaws in the items.

[tomatbay]

I'm not concerned with cosmetics.  

I also interpret USED as 'fully operational and functions as intended."

But what if CONDITION = USED is specified and contradictions appear in the Condition Paragraph or Description such as:   

• Item is untested
• Item powers on - we have no way to test further
• Item may be broken 

What is the legal binding definition of Condition since it is possible to say USED and also say MAY BE BROKEN.  

What if I get such an item and it does not work?  Can I claim SNAD and get full refund including shipping and also free return shipping?

[disneyshopper]

If USED is in the condition, it must work as intended.  I believe you can select a condition as FOR PARTS ONLY.

[tomatbay]

Yes there is a PARTS ONLY Condition.  (I'm not selling, I'm buying)

So a guy says USED and in description says, "May be broken" or "Untested"

So do you buy from that guy?

[comics-scifi-collectibles]

@tomatbay   

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@tomatbay wrote:

Yes there is a PARTS ONLY Condition.  (I'm not selling, I'm buying)

So a guy says USED and in description says, "May be broken" or "Untested"

So do you buy from that guy?

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The eBay money back guarantee overrules the sellers return policy.  It also allows a buyer to return an item that is not working OR otherwise not as described.  USED.... as my fellow mentor said for a condition means it works.  If the seller didn't test it then that's on them, they will have to pay return shipping and then refund you 100%.    They can  say "as is"  or  "untested" and no returns BUT the eBay MBG over rules ALL of that.  

[house*of*paws]

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@tomatbay wrote:

Yes there is a PARTS ONLY Condition.  (I'm not selling, I'm buying)

So a guy says USED and in description says, "May be broken" or "Untested"

So do you buy from that guy?

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@tomatbay 
I wouldn’t want the hassle of buying an item listed with conflicting terms … but I know that I would be able to get refunded (with the seller paying the return shipping) if the item doesn’t work when I receive it.

You need to decide how much of a hassle you’re willing to go through to get refunded.

[tomatbay]

I actually called eBay and have gotten different responses.  

One said what was in the Title was what SNAD would be based one as far as what was being sold - NOT pictures of the actual item.  (unrelated but interesting.)

One said if they said it was USED but wasn't test or might be broken in Description or Condition paragraph, a return would not be SNAD and would be a Buyer's Remorse return.

And then another said, find someone else to buy the item from.

If they don't know, should be sold as Parts Only, with the Untested or Powers on but couldn't test further.  Or even "cannot confirm it is broken but no way to test."

I guess I'll just stay clear of contradictory listings - should be some way to report such listings...