Seller not responding

[ooferg0]

I bought an item that is for a game where the seller gives me the item by trade.  I bought the item 10 days ago and when I bought it, I emailed him and asked when he would be available to trade. No response. Same with the next 10 messages I sent him over a time period of around 6 days. On the 7th day after I bought the item, he responded to me with a discount of 7% off to buy the item again. This means that he is online. He keeps posting the same exact item over and over again for the amount I payed for ($80). He will not respond and he eventually blocked me. Asked for a refund, refund declined 2 minutes later. I sent him a negative feedback for "seller not communicating" and it turns out that 3 other people have this same exact problem with the seller! It is very obvious that the seller is online because he is constantly posting the same items over and over again. When I go to the ebay help center, all it says is to contact the seller to get the issue resolved but I clearly can't! EBAY, HEAR OUR CRIES OF HELP AND GIVE US ALL (the people who also got scammed) A REFUND

[7606dennis]

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@ooferg0 wrote:

I didn't know that ebay had this rule until after the purchase

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Perhaps you need to review the User Agreement before attempting any future eBay transactions.

[bonjourami · Accepted solution]

Paypal  offers buyer protection for digital items.

[pburn]

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@stephenmorgan wrote:

I may be wrong, but item not received should be covered with Money Back Guarantee.

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Digital content is not covered by eBay's MBG.

[stephenmorgan]

Digital Content must be received.  It is very easy to prove Digital Content was sent and if it was not sent why would Money Back Guarantee not apply?  Maybe it is a Item Not Received Claim that would get the refund.

[pburn]

@stephenmorgan 

Why? I don't know why. I didn't write the MBG.

Perhaps it would behoove you to read the MBG, though. Especially this part:

Not covered

• The following excluded categories and listing types:
  • Vehicles (see eBay Vehicle Protection)
  • Real Estate
  • Websites & Business for Sale
  • Digital Content
  • Intangible Goods
  • Classified Ads
  • Services
  • Some Business Equipment categories (see eBay Business Equipment Purchase Protection)
  • Items sold through Sotheby's

[stephenmorgan]

I was behooved as I did read your  posting of the Not Covered Policy. 

I actually already knew about the policy and I understand the logic behind it.  Once you have the Digital Content  there is nothing preventing you from Copying the Content and claiming it does not work then asking for a refund.

However in the original post it reads as if the person did not receive their Digital Content.  So even though the MBG does not apply to a refund for Digital Content I would expect it to apply to Item Not Received. 

It being Digital Content has no consequence because the item was never delivered therefore the Claim would be for Item Not Received.  Again, it is easy enough to prove if the Digital Content was received or not and resend it if necessary.

eBays written Policies are not 100% foolproof to cover every situation.   When you use their online tools to ask for help or appeal the decision is only final if you allow it to be final. 

Many times decisions are computer generated and as such they do not have the human logic to evaluate the complete situation.  A computer decision is just going to see MBG does not apply to Digital Content and deny your request.

Making human contact to explain that you did not receive the Digital Content and advising that the seller is not communicating with you and you will have a different outcome.

eBay has always resolved any issues I have had as a buyer or a seller  in my favor because I did not accept the automated computer decision and called them and explained what a computer can not comprehend.

It is not logical to expect you to pay for something you have not received and I would push the issue for a refund.

[pburn]

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@stephenmorgan wrote:

However in the original post it reads as if the person did not receive their Digital Content.  So even though the MBG does not apply to a refund for Digital Content I would expect it to apply to Item Not Received. 

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NO. DIGITAL CONTENT IS NOT COVERED. FOR ANYTHING. SNAD, INR, NOTHING. PERIOD.

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@stephenmorgan wrote:

It is not logical to expect you to pay for something you have not received . . .

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Really, no offense intended here, but just because a person thinks it's logical does not make it true. eBay has chosen to exclude the categories on the list I've posted twice. They've made it very clear in the MBG that those items are not covered. They get to make the rules, and if they choose not to base them on your logic, so be it. 

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@stephenmorgan wrote:

. . . I would push the issue for a refund.

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I'm sure you would, but you wouldn't get one from eBay.

PayPal, however, has both buyer and seller protection for intangible or digital goods. eBay has chosen not to offer those protections, whether "logical" or not. The OP can pursue a remedy there if s/he paid via PayPal.

[stephenmorgan]

So with you logic I could offer Digital Content for sale, not deliver the Content, just ignore communications with the buyer and be entitled to keep the money and eBay will keep their commission because the MBG Rule says it does not apply to Digital Content?

No, eBay would knowingly be part of that scheme.

You are completing missing my point.  The transaction is not complete until the Digital Content is delivered.  If the transaction was never completed eBay will resolve it in the Buyers favor if they speak with a actual person.

The issue is not unhappy with the Digital Content and want a refund.  The issue is the Digital Content was paid for but it has not been delivered.

[donsdetour]

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@stephenmorgan wrote:

So with you logic I could offer Digital Content for sale, not deliver the Content, just ignore communications with the buyer and be entitled to keep the money and eBay will keep their commission because the MBG Rule says it does not apply to Digital Content?

No, eBay would knowingly be part of that scheme.

You are completing missing my point.  The transaction is not complete until the Digital Content is delivered.  If the transaction was never completed eBay will resolve it in the Buyers favor if they speak with a actual person.

The issue is not unhappy with the Digital Content and want a refund.  The issue is the Digital Content was paid for but it has not been delivered.

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Not the sellers fault your spam filter lost it....

See this is just one of the foolish things that should not be allowed on eBay, as no proof of delivery can be made.

It is the reason it is not covered.

As some one said try PayPal as they do seem to cover digital items.

[stephenmorgan]

The fact that an eBay message may have been sent to a spam folder does mean the content was not delivered, it just means the buyer has misplaced it.  If expecting digital content, then buyer needs to know where to look for it.   It is the buyers responsibility to know where their email goes and how to check it. 

As for eBay Messages, there is no Spam Folder.  So, checking your eBay Messages you content would be there if it were sent.

[pburn]

brian@ebay 

tyler@ebay 

brittanie@ebay 

Can you provide some clarification concerning eBay's Money Back Guarantee in regard to digital content when you get a moment? 

Thanks.

[brittanie@ebay]

@pburn - Thank you for the tag! The information you have provided from the eBay Money Back Guarantee policy page is correct. Digital content is not eligible for coverage by eBay Money Back Guarantee. The buyer most likely can still open a case to communicate with the seller, but there will not be the ability to ask eBay to step in, as we are not able to provide a refund in these situations. 

[pburn]

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brittanie@ebay wrote:

@pburn - Thank you for the tag! The information you have provided from the eBay Money Back Guarantee policy page is correct. Digital content is not eligible for coverage by eBay Money Back Guarantee. The buyer most likely can still open a case to communicate with the seller, but there will not be the ability to ask eBay to step in, as we are not able to provide a refund in these situations. 

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brittanie@ebay 

Thanks for your quick response!

@stephenmorgan 

[stephenmorgan]

How about this pburn. 

You list a Digital Content that has instant delivery with a Buy It Now for $25 and  I will buy it.

You do not send the digital content and ignore my eMails for the next several days.

One day next week I will ask eBay to intervene and give me a refund.

If eBay denies my claim because Digital Content is excluded from Money Back Guarantee then you made $25.

If they approve my claim then you will inhearent a Defect on you seller account. 

[pburn]

@stephenmorgan 

The person who responded in Message #27 is an eBay employee who is paid to explain or clarify eBay's policies. She has stated, "Digital content is not eligible for coverage by eBay Money Back Guarantee" and "we are not able to provide a refund in these situations."

You are wrong. You've heard it straight from eBay. Now drop it before you embarrass yourself any further.