20% Restocking Fees?

[luvcountrylife]

Can a seller charge a 20% restocking fee on an item that was returned because it was not working?  It just stopped working suddenly.  The item was returned within the ebay Return Policy time frame. Seller then "fixed"  (hard reset) the item and said now that it is fully functioning either they can send it back to me or I am out 20% of the refund. The item may very well be fixed but to have a brand new item stop working/freezing up 3 weeks after receiving it does not bode well for future issues and I don't want it back.  Seller is  saying that the item "is not returned in the same condition" as when they sold it to me in as much as I turned it on and used it for a few weeks and now can't be resold as "New."   Am I out over $100?

[lintbrush*]

If the seller offers Free Returns on the listing, they can withhold a portion of the refund if the item is returned in a different condition.

The item should not have to be fixed within 3 weeks of receiving.

While technically you returned it in a different condition (open and used), an item sold has to perform as intended and sometimes the only way to know this is to open and use it.  

Did the seller offer Free Returns on the listing?

[no_zero369]

Sellers are no long allowed to charge "restocking fees."

However if a seller has free returns they CAN charge up to 50% of the sale price when an item is returned damaged.

https://www.ebay.com/help/selling/managing-returns-refunds/handling-return-requests?id=4115#how_part...

See the refund deductions guidelines table

[iowa_east_coast]

Did you open an Not As Described Case? If the item was not working you need to use ebay Buyer Protection. Open a case to get all your money refunded.

[luvcountrylife]

Yes, free returns.

[reallynicestamps]

You can have the full refund OR you can have the phone.

Not both.

Alternately, the seller is offering a (now) working phone and a service charge for the repairs.

Personally, I'd go for a full refund. The Resolution Centre is at the bottom of this page if you have not already opened a Not As Described dispute.

If you paid for the return shipping, and I hope it was also tracked shipping, the seller is not required to refund that.

[lintbrush*]

I would tell the seller that you purchased a new working phone that was defective and that you expect a full refund and do not trust the integrity of the defective new phone that needed repair.

[myangelandmyprincess]

If they have free returns yes they can do that.  You used it for three weeks and returned it in different condition.  

[luvcountrylife]

It was Free returns so I returned it with the label sent by ebay in the Return Process. I think I used the Item Not As Described if that was the option that made the most sense on the return form. I am just frustrated because I am being told I can either have back  what may be a defective item in the long run (and will probably be out of warranty the next time there is an issue) OR I can have a refund MINUS 20%.  I do not want it back.  I was just told by an ebay Teammate to wait for the refund from seller and if it is partial refund I can ask ebay to mediate the resolution. Guess it is worth a try...

[no_zero369]

OK, thanks for that detail!  It sounds like you did the right things in the right way!

Yes, that sounds like it is your best option.  What may happens is that eBay will give you a courtesy refund for the part of the refund the seller withheld.

If you have any pictures of the phone in the condition you returned it in, that "could" help, if CS decides to look into it.  Also, hope your emails back & forth with the seller are professional as often time CS will look at those.  But usually the MBG protects you and in a he-said, she-said situation eBay sides with the buyer.

[couldabeenworse]

I was just told by an ebay Teammate to wait for the refund from seller and if it is partial refund I can ask ebay to mediate the resolution.

That is correct.  The seller has the ability to deduct a % if he offered free returns, but the buyer has the ability to dispute the deduction.  Most likely you will get the balance of the refund back - from eBay.

In the future, be sure to select a "not as described" option when filing a claim for an item that doesn't work.

Good luck....

[castlemagicmemories]

Ebay did away with restocking fees in June of last year.  They are not allowed anymore.

[myangelandmyprincess]

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@castlemagicmemories wrote:

Ebay did away with restocking fees in June of last year.  They are not allowed anymore.

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But this is a case of free returns which does allow up to a 50% deduction for something not returned in the same condition 

and I just don't agree with everyone else.  Since the phone was fixed by resetting it very well could have been caused by sometning the op did with the phone in the last three weeks of using it and not a defect in which case the seller would be in full right to deduct that cost 

[rrushhour]

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@no_zero369 wrote:

Sellers are no long allowed to charge "restocking fees."

However if a seller has free returns they CAN charge up to 50% of the sale price when an item is returned damaged.

https://www.ebay.com/help/selling/managing-returns-refunds/handling-return-requests?id=4115#how_part...

See the refund deductions guidelines table

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Thank you for the link no_zero369.  I didn't know this was a thing you sellers could do now. Great info. I'm hoping you will receive a full refund luvcountrylife.