Buyer claims defects on laptop but pictures provided don't even show the laptop

[techs3ns3]

Hello,

The buyer is requesting a return because the item isn't as described. They provided pictures that don't show the issue. The pictures themselves don't even show the laptop. I requested they add pics but they said they can't. 

I explicitly say I don't do returns. I also have a full unedited recording of me testing, packaging and shipping the time. The uncut video ends with me show the receipt from UPS with the tracking. 

I asked the buyer to provide evidence so I can file a claim with UPS and law enforcement but they're sure its not UPS and its me (weird I know and they back pedal in the message back and forth). They keep ignoring the fact that I have footage that clearly shows that the item I shipped is not in the condition they're describing. 

The situation is pretty ridiculous given I can't contact eBay. I tried twitter but it looks like they're siding with the buyer. 

What options do I have here with eBay? I'm not going to let eBay try to scam on this one given my due diligence and effort to protect myself with evidence. Also how obvious the buyer is lying. 

Help! 

[1786davycrockett]

If the buyer has opened a "not as described" return, you're stuck -- that's part of the eBay buyer guarantee.

Your "no returns" policy is trumped by the eBay Money Back Guarantee.  If you appeal, eBay will still find in the buyer's favor, plus give you a defect against your account, and may even allow the buyer to keep the computer AND force you to refund the buyer.

It's a lose/lose scenario.  Welcome to eBay.

[kensgiftshop]

@techs3ns3 

Your video doesn't prove anything.

If the buyer has filed an INAD, you have two options.

Refund the buyer and let them keep it.

Accept the return, pay return shipping and refund when something is returned.

[techs3ns3]

You're shilling for eBay. Of course it does, in the court of law. It's literally an uncut video that ends with UPS drop off showing the receipt that has the tracking. What type of insanity is this? 

If this eBay sides with the buyer, I'll be taking this evidence to court! And this will be the last time I sell or buy something from this cancerous parasitical business company. 

They're trying to compete with Amazon on the backs of Sellers. That's theft and grave business malpractice. 

It's pretty easy to open a Shopify store and sell things on my own. 

I will deliver legal justice to the buyer who's abusing and lying and to eBay. That's why I record everything, as per my lawyers advice. 

This "community help" and your response are as insane as eBay if they side with the buyer in the face of EVIDENCE. 

[techs3ns3]

Thanks for your reply. It's more sane the one from "kensgiftshop". I'll be looking at a class action lawsuit which as already been filed here https://community.ebay.com/t5/Selling/Unfair-practices-against-Sellers-by-Ebay/td-p/30300984

and using small courts claim.

I'm done with eBay and will make the buyer and eBay regret this. 

I have extensive experience in marketing and growth hacking and will be a regrettable legal pain to both the buyer and eBay. 

There's a reason my lawyer told me to record everything when shipping. 

[varebelrose]

Nobody is shilling, video is not accepted as evidence of anything on eBay. You literally have those two options: Refund without a return, or accept the return, provide a shipping label, and refund when "something" is shown via tracking to have been sent back to you. Or a 3rd option, do nothing and then eBay will refund the buyer for  you, out of your funds, and give you a serious account defect. Please don't take our word for it, do some reading on how the MBG works here. This is reason ONE why a "no return" policy is no more than an attractant to scammers.

[1786davycrockett]

You may wish to read Section 18 (Legal Disputes) in the eBay User Agreement, to which you had agreed at the time at which you had signed up to sell and buy on eBay.

It might save you some legal fees.

[1tuna]

I know you dont want to hear this but its just a garden variety return abuse claim

buyers get a pass when they make it sound worse. thats the way it is

I am sorry this happened but take the easy way out and just say YES to the return

fighting a return when they claim its not as described is just futile

@techs3ns3 

[albertabrightalberta]

We aren't shilling for ebay. Unfortunately, ebay IS lopsided in favor of buyers and you're just being told the facts.

Since ebay doesn't know which side is telling the truth when there are diametrically opposed stories so they lean toward the buyer. 

Your options are:
1. Accept the return and pay return shipping, after which you issue a full refund of the buyer's payment.

2. Issue a refund without requiring the return, allowing the buyer to keep it free of charge

3. Offer a partial refund in exchange for the buyer agreeing not to return

You can report the buyer if the item you receive back is in a different condition than what you sent as well as reporting for abusing the MBG. 

If you force the buyer to have ebay step in, you will still lose, buyer will get a refund and you'll get a ding on your account.

And add the buyer to your BBL!

[stacy_pme]

If you listen to some bad advice in here, and immediately jump to lawsuits and hacking... I'd say you probably are going to have a rough ride.  

Keep your evidence, when they return the item, if it is not the item you sent or it is not in the condition you sent it in, contact ebay with evidence of when you receive it back.  Provide all of that evidence to eBay.  They WILL side with you, if you have all your ducks in a row, and you do EXACTLY what you are supposed to do throughout this entire process.  Ask me how I know 🙂   

[kensgiftshop]

---

@techs3ns3 wrote:

You're shilling for eBay. Of course it does, in the court of law. It's literally an uncut video that ends with UPS drop off showing the receipt that has the tracking. What type of insanity is this? 

If this eBay sides with the buyer, I'll be taking this evidence to court! And this will be the last time I sell or buy something from this cancerous parasitical business company. 

They're trying to compete with Amazon on the backs of Sellers. That's theft and grave business malpractice. 

It's pretty easy to open a Shopify store and sell things on my own. 

I will deliver legal justice to the buyer who's abusing and lying and to eBay. That's why I record everything, as per my lawyers advice. 

This "community help" and your response are as insane as eBay if they side with the buyer in the face of EVIDENCE. 

---

Does your video show the lap top when the buyer received it?

It doesn't matter what happens before, what matters is what happens when the buyer receives their item.

Ebay will side with the buyer.

If you want something returned before refunding, accept the return.

We hear, I'm going to take Ebay to court a lot, but nothing ever happens.

[techs3ns3]

Thanks for the advice. I'll fight it just to gather proof for future legal pushbacks. (Yes I'm that guy that has the time to deliver justice where entities can think they can go unchecked)

[lakefor94]

You have already had quite a few selling problems for your limited experience selling here.

There are several high scam items you have listed at this time. Don't expect things to get easier. They are high scam items on every online venue.

Nobody here is shilling for eBay, just stating facts.

[1786davycrockett]

"Does your video show the lap top when the buyer received it?"

Or, for that matter, all the way along the route of shipment, starting from the second the OP switched off his recording device?

While the OP is no doubt correct that his buyer is conning him, the law is quite clear regarding proof of possession -- and the OP can't provide any clear proof of what happened to his package from the time that the OP dropped it off for delivery, to the time the buyer opened up a claim against the OP.  The OP can not establish the "chain of custody" from Point A to Point B.  Even Judge Judy would toss this case.

And, for that matter, why sue eBay?!?  The OP should be going directly after his buyer, or the shipping company, or the delivery drivers -- eBay simply provided a platform for the buyer & the OP to communicate with each other,  in the same manner that a strip mall owner provides rental spaces for merchants to sell goods to customers.  The strip mall owner is not responsible for the illegal behavior of customers within the strip mall who have violated the community laws under the owner's jurisdiction.

Accept the return, take a breath, and learn lesson #1:  Don't offer to sell anything on eBay that you can't afford to lose.

[redmodelt]

Could look at it this way, the more one fights it the more likely one will get a rock back. That could put them between that rock and proverbial hard place fighting eBay.