Incorrect refund

[forma_moderna]

Welcome everyone!

I have sold an item from the European Union (Hungary) to the United States /New York/. After about 3 weeks the buyer opened a case that he had not received the shipment. Tracking also showed this. I asked for patience, I believe the tracking showed the package was on its way, but eBay took action against me within 1 day and deducted the value of the purchase plus postage and refunded the buyer. A few days later, the tracking on the site marked the shipment as delivered, and, at my request, the USPS emailed me a signed receipt for the package in pdf format - i.e. the shipment was delivered (by the way, the date says it was delivered before the buyer opened the case).
I have written to eBay about 15 times since then, uploading the receipt, and they have not responded to any of my messages (even though their own tracking shows it as delivered). I have written to the buyer, who is also not responding, and is silent. He has received the product he bought, and has also received a refund - following eBay's decision.

My question is, can anyone help me with what to do? Unfortunately, I have not been able to find out from eBay's terms and conditions how they regulate the liability issue in such a case.

Do I have to send a payment order to eBay and/or file a complaint, or to the buyer, or other...?

[albertabrightalberta]

@forma_moderna 

When your buyer opened the non-receipt case, did you respond to it by inputting the tracking number? 

If you didn't do that (directly into the case), that is why ebay decided to issue the refund. Even if the tracking number was shown on the order page, that's not enough "proof" of shipment  for a case. 

Had you responded to the claim and had there been movement, ebay would have delayed resolution to see if delivery ever showed. 

It sounds like you may have erred. 

[kensgiftshop]

About all you can do is send the buyer a message and ask if they'll repay since they have received the item, but there's no way to make them.

[forma_moderna]

Of course, the shipping information was provided, I always upload it when I send a parcel, but also when the case is opened by the customer. In closing, if it wasn't visible and eBay makes a decision based on that, that's ok. That's just not the problem. After they closed the case, they received additional information (e.g. the official receipt from the USPS), which should have been used to reopen the case, because it put it in a completely different light; i.e. the buyer was proven to have taken delivery of the item. Ergo, in the current situation, the buyer has received what he bought and has also received a refund. And I have written to eBay about the matter, but they have not responded.

[forma_moderna]

I can lodge a complaint or send a lawyer's order for payment - which, if opposed, turns into a lawsuit. The question is whether eBay's user policy in such a case provides for who is liable. The buyer's or eBay's. That's why I posted in the topic, to see if anyone knows if the user policy has anything about eBay's liability in such a case.

[babyers88]

It sounds like the problem here is, ebay has already made a decision and closed the case, If you were expecting "new" information relevant to any decision that ebay was going to make then it would have been wise to ask for a extension, which places the case on hold. Once they have closed a case in say the buyers favor they are not going to open it back up and take any money from the buyer, if anything they would cover it out of there own pocket but getting there may be difficult at best. The best course sometimes is to just take it as a learning lesson, deduct the value on your taxes under loss/refunds, etc and carry on.

there are a lot of things that can occur with international sales. If there are ever delays beyond your control always ask for a extension.

[fab_finds4u]

You said tracking showed not received yet when the buyer opened the case. Then that is why they were refunded. Even if it showed it was on the way it needed to show delivered and not still in transit.

Sometimes eBay will give the seller a courtesy refund so keep trying.

Getting the buyer to repay only works if the buyer got the item and they're honest. Although it was confirmed delivered by email from UPS it is possible the buyer never got it because it was stolen from their porch or mailbox after it was left.

Another thing to consider is eBay goes by what the online viewable tracking shows, not an email that says it was delivered.