Any recourse on this?

[lenny0303]

I bought an item shipped from the US.

Item has 30 day return.

Tried the item after a week.

Item had broken part. Seller says he will ship a replacement from manufacturer in China and will take 30+ days, Took about a week to get there, he said he will find a solution.

I would bet Seller is in China.

Promised a tracking number in 5 days, probably should have hounded him.

It is now past the 30 day period,  .. So if he don't answer me again, I guess that is it except bad feedback? No more China products for me (Probably should close my ebay account with that restriction!) :lol:

[mudshark61369]

@lenny0303,

Your time line does not make sense. eBay's Money Back Guarantee (MBG) starts the day tracking shows delivery, and is good up to 30 days from that date. If no tracking # is provided you have 30 days from the last estimated delivery date to file a not as described dispute. from the day you file the seller first has 3 days top reply, and 30 days from the filing date for you to receive the replacement. 

  "Seller says he will ship a replacement from manufacturer in China and will take 30+ days... Promised a tracking number in 5 days, probably should have hounded him".

As soon as you were offered a replacement to be sent from China, you should have opened a not as described dispute and asked for return for refund only. You could have waited the 5 days, then filed the dispute.   The seller would have been responsible for the return shipping cost, if they wanted the original item back.  They knew by getting you to wait 30 more days you would lose your MBG protections. 

  "I would bet Seller is in China".

Yes the seller is probably registered in China. However, they may also be registered in the U.S.. eBay helped many chinese sellers register in this country.  Had you checked the seller's feedback profile it would have told you when and where they were registered. Also by clicking on the numbers of negatives they have received, to read only those comments, you might have seen that the seller did ship from China, or had many slow shipping comments, an indication they ship from out of the country.

"Any recourse on this?"

At this point your only recourse would be to file a not as described dispute through PayPal who gives you 180 days from the date of payment to file.  The problem with that is you are responsible for the return shipping cost. The seller may try to have the original shipped back to China, but since it was supposedly shipped from a U.S. location, you could ask PayPal to issue a refund without having to return the item if they try to do that.

"So if he don't answer me again, I guess that is it except bad feedback?"

The seller deserves a negative feedback for the transaction. Stick to the facts, no name calling.  Something like "Arrived broken, was offered another from China w/ tracking never sent it''.

You cannot receive a negative feedback or even a positive one with a negative comment

[edwedw8383]

---

@lenny0303 wrote:

I bought an item shipped from the US.

Item had broken part. Seller says he will ship a replacement

Promised a tracking number in 5 days, probably should have hounded him.

It is now past the 30 day period,  .. So if he don't answer me again, I guess that is it except bad feedback?

---

If the tracking does not show delivered, open an Item Not Received dispute at PayPal and immediately escalate it to a claim, if that's how you paid. Since tracking does not show delivered, you get a refund.

Otherwise, first sign up for Returns on Us at PayPal, then start a Significantly Not As Described dispute and immediately escalate. If the seller now responds to send it back, pay for online-viewable tracking and get that return shipping reimbursed. If the seller does not respond, PayPal will force a refund, no return.

[lenny0303]

Thanks for all the responses.

Since there is 180 days I'll give the seller a bit more time time respond.

I have paypal returns set up.

I also realized have AMEX return protection. I can return it thru them.