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Return Policy Abuse

I have been an eBay member since 2005. I have a 100% rating with no return request.

I had a Buy It Now listing for a pair of Advent Heritage speakers, Local Pick-up only.  The listing sat for a while and then I received an email message asking if I would consider shipping these speakers. The interested party said they knew that shipping would be costly but would be interested in paying for the shipping as they really wanted these speakers.  I shopped around for the best price and quoted the interested buyer the cost of $120 per package for a total of $240 dollars. 

The buyer was pleased with the quote noting that the cost was a little less than what he expected.  So, I packaged the speakers very well and shipped them. Total shipping cost was $257.

The buyer received the speakers and messaged me with this letter ...

"Hi Dave,
The speakers arrived today, pleasant surprise. USPS didn't post any updates, so I expected them next week.
They were packed very well, professionally I'd say. They are in excellent condition I'm so happy. They look wonderful. However, one small problem.
After unpacking the first speaker I heard something loose knocking around in the cabinet. I unpacked the other speaker, and it was fine. I removed the cling film and examined the cabinets and they're spotless. I removed the terminal plate, gently pulled out the crossover and pushed aside the Dacron and removed a tweeter magnet. I replaced the terminal plate and removed the driver, disconnected the leads and proceeded to examine everything. It all looked fine with the exception of a bit of ferrofluid escaping from the voice coil on the magnet. I then slowly attached the magnet to the driver and lined it up once contact was made. Very strong magnet so I was cautious and methodical. I replaced the driver and hoped for the best.
I connected both speakers and turned on the amp and preamp and slowly raised the volume. To my utter surprise the tweeter in question responded. So, I increased the volume a bit, crossed myself and just let the system run. It's been on now for 3 hrs. at a moderate level and seems to be fine, I can't believe it.
I believe a damage claim is in order, however. I think that I'll have to file the claim. I'm running out of characters to type. Reply to and I'll finish."

My response, "Hey Mark, I'm not sure I follow, it sounds like you're pleased with your purchase so, why would a damage claim be in order?"

Buyer responds, "Dave,
After playing the speakers last night the tweeter is definitely not performing. I just finished listening this morning and it's emitting some sound but very little in comparison to the other tweeter. it will need to be replaced. There is no ferrofluid remaining in the voice coil.
The boxes showed no mishandling, but I speculate the speaker in question took a hard knock or even a fall. That magnet is very strong and cannot be pulled away from the driver without prying. I also think the glue holding it in place dried out and this contributed to it coming free from the driver. Something happened in shipping and you're not at fault USPS is.
Otherwise yes...I am happy, but the driver will need replaced or if possible rebuilt. That's my reason for a damage claim."

I filed a complaint with eBay for return policy abuse as it is eBay's policy that a buyer can only return the exact item that he received.  The buyer had clearly modified or altered the item per his own conversations with me.  

The buyer then filed a claim that the item "Arrived Damaged". I then posted a rebuttal to the claim on the claim page.. 

You said, and I quote: "They were packed very well, professionally I'd say. They are in excellent condition I'm so happy. I examined the cabinets and they're spotless. They look wonderful. It's been on now for 3 hrs. at a moderate level and seems to be fine, I can't believe it. The boxes showed no mishandling. Something happened in shipping and you're not at fault USPS is."

So why are you claiming my listing was not accurate? Let me further quote you "I removed the terminal plate, gently pulled out the crossover and pushed aside the Dacron and removed a tweeter magnet. I replaced the terminal plate and removed the driver, disconnected the leads and proceeded to examine everything. I then slowly attached the magnet to the driver and lined it up once contact was made. I replaced the driver and hoped for the best."

So, let's get this straight, you ask me to ship an item that was listed as pick-up only. You receive the speakers and then start taking them apart before even testing them. Then you start making what you perceived as a needed repair. Then you tell me they are working fine. Then your attempted repair fails and now it's my fault? Is this what you're claiming? My listing was accurate. If you had an issue with the USPS as you stated, then you should not have attempted a repair and then claim it's my fault and that my listing was inaccurate and have eBay put a hold on my funds? You've got a lot of nerve Sir. I reject your claim and submit that your faulty attempted repair to a speaker that was working according to your own statement, has disqualified any claim you think you had with me or the USPS. You want a $600 return for a $40 dollar tweeter that you disassembled and then put back together, before you even testing them first, is ridicules on the face of it. I formally reject your claim and will fight this unwarranted accusation. Good day."

The buyer replies ..

"Let's try to come to a conclusion.

1: I asked for a damaged claim to be filed. This is what insurance, which you purchased, is used for. The speaker was damaged, I presume, in shipping and alluded to no accusations on your part. Your initial response Sunday was perplexing. Two sentences and little in the way of concern. I immediately responded back to you and heard nothing.
2: The speakers arrived damaged. The tweeter magnet was detached from the driver and loose inside the cabinet. I heard something knocking around inside the cabinet after unpacking.
3: I had no choice but to investigate the source of this sound as it was not normal.
3: I did not disassemble the tweeter as it was already damaged. I retrieved the magnet from inside the cabinet after removing the terminal plate. It was the only way to access the cabinet internally.
4: The magnet was coated with leaked ferrofluid and old glue which I recognized because of prior experience with tweeter drivers. Advents own literature states "ferrofluid cooled soft dome tweeter".
5: I removed the driver from the cabinet and saw this ferrofluid on the Dacron filling inside the cabinet and on the back of the driver itself.
6: The magnet has to be in contact with the driver in order to operate properly. This contact creates an electro magnetic field to operate the copper coil wires in order to emit high frequency sound. The Ferrofluid is a cooling substrate that helps to prevent the copper coil wires from overheating and becoming damaged.
7: I played the single speaker to determine if the bass drivers were operating. The magnet was free to fall the top to the bottom of the cabinet as there is no internal bracing. This could have caused further damage but did not.
8: I removed the tweeter driver a second time, detached the leads and carefully attached the magnet to the driver. This was the only way to test the assembled tweeter."

I replied ..

I would like to further reiterate the context of your claim.
In your claim you stated that the items you purchased from me "Arrived damaged"
According to our communications you stated that the speaker cabinets were in "excellent condition".
You said "They look wonderful. You said you examined the cabinets and "they were "spotless".
You said, "I'm so happy".
Hardly the response of a buyer who just received $600 dollars' worth of items that had "Arrived damaged"
So clearly the appearance and structures of these (Vintage Speakers) you received did not "arrive damaged" or differ in any way from what I represented in my listing.
You noted in our communications that you "heard something loose knocking around in the cabinet"
But instead of immediately contacting me with this concern you decided to start taking the speaker apart.
You go into great detail about how you took the tweeter apart and put it back together ..
(Removed terminal plate - pulled crossover - pushed aside Dacron - removed tweeter magnet - replaced terminal plate - removed driver - disconnected leads - attached magnet to driver) etc. etc.
I would like to note for the reader that, according to the buyer's communication through eBay messenger, all of these alterations were conducted before the buyer ever plugged in these Vintage Speakers to test their performance out of the box.
After these alterations were completed, you decided then, that would be a good time to test the speakers .. to see if they arrived damaged or, if they arrived as described."

You said "the tweeter in question responded" but you didn’t test the tweeter until after your alterations. How can you claim the item "arrived damaged" when you failed to test the tweeter before disassembling it and putting it back together?
You said you played the speakers for "3 hrs. at a moderate level"
You said their performance "seems to be fine"
You said, "I can't believe it".

I then logged into eBay to further comment on this claim.  On this eBay claims form there are several options. The top option is to start a return, the bottom option is to comment on the claim.  This page has a default option checked (Start a Return). I inadvertently forgot to check the option to comment on the case and clicked continue.  The default option to stat a return was initiated, this was not my intent.

I then started a chat with eBay agent " Rannie Mae" to explain my error.

03:24:04 UTC digital227
So, I should continue my contact with the buyer through the eBay messaging system and my inadvertent "start return" error can be ignored?
03:25:34 UTC Rannie Mae
That's correct!

On 10/12/2022 I received notice from eBay that a return had been started.

On 10/15/2022  @4:58 PM, I received this message from eBay ..

"I've reviewed the details of the request. The buyer is returning the item for a full refund. A return label was provided to the buyer, but there was an issue with that return label. We're asking you to take further action to arrange return shipping.

I’ve placed the request on hold for 4 days to give you time to arrange the return shipping with the buyer. Please note that if you don’t resolve the issue by October 20, 2022, we’ll issue the buyer a full refund on your behalf without requiring the item to be returned."

On 10/15/2022  @5:00 PM, I received this message from eBay ..

"We appreciate you trying to work things out with the buyer. They've asked us to step in and help resolve their return request, so we're going to take a look at the details of their case and decide what the next steps should be."

On 10/15/2022  @5:03 PM,

Your case was placed on hold temporarily. We will get back to you with an update by Oct 20, 2022.

We have asked for more information from your customer to confirm the condition of the item received. If any additional information is needed from you we will request it through an email.

On 10/15/2022 I contacted eBay agent John Rafael an excerpt read ..

05:53:07 UTC John Rafael
That is really concerning. Please allow me a minute or two to check on this. Thank you!
05:53:50 UTC digital227
Please, take all the time you need and please review all of our communications.
05:55:27 UTC John Rafael
Thank you for letting us know about this concern. I will close the return now on your favor.
05:56:10 UTC digital227
Thank you so much.
05:57:41 UTC John Rafael
You are welcome. It is my pleasure to assist you on resolving your concern!
On 10/20/2022 I received this notice from eBay ..

We reviewed this case and decided to issue the buyer a full refund.

The buyer claimed that the item didn’t match the description.

A refund of US $600.00 was issued on Oct 20, 2022 to the buyer. The refund includes the purchase price plus original shipping.

The refund amount will be recovered from you by eBay.

                             
So, eBay has sent the buyer a return for $600, and will be billing my bank account, and with zero mention of the items the buyer still has.
 
I spoke with another eBay agent tonight ..
     
11:47:37 UTC digital227
Ok, If I buy .. lets say a lamp, A green lamp. then when I get that lamp I don't like the color so I paint that lamp red .. can I still return it?
11:48:55 UTC Marian Camille
If you returned the item and it's color red, that would be a faulty return on the seller's side since you returned an item that is different from what they sent....
11:49:34 UTC digital227
So, can I buy an electronic device, then take that device apart and the put it back together, and then it doesn't work, can I then claim the electronic device arrived damaged and make the buyer accept the return?
11:51:39 UTC Marian Camille
As long as once you received the item, you should not touch anything on the item for this not to be a faulty return in the seller's side.
  And there it is, eBay is willfully violating its own policy and penalizing a 17-year member with a perfect seller record, to appease an obvious violation of its own terms and conditions.   This cannot stand.  I invite any eBay staff to step in, review the details of this case before you lose yet another "valued member".                                                                             
Discussing eBay Policy on eBay's Policies Forum is a Violation of eBay Policy . 😐
Message 1 of 22
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21 REPLIES 21

Re: Return Policy Abuse

eBay return policy "guidelines".

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Discussing eBay Policy on eBay's Policies Forum is a Violation of eBay Policy . 😐
Message 16 of 22
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Re: Return Policy Abuse

Warning:  As an eBay seller you can expect a "consistent experience".     😊 

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These clear policy violations and arbitrary processes outlined in this thread are what eBay considers "acceptable".

Discussing eBay Policy on eBay's Policies Forum is a Violation of eBay Policy . 😐
Message 17 of 22
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Re: Return Policy Abuse


@digital227 wrote:

eBay return policy "guidelines".

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That's for a remorse return.

When they file an INAD, it really doesn't matter how they return it or what they do to the item while they have it.

Have a great day.
Message 18 of 22
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Re: Return Policy Abuse

I would like to provide some helpful information for anyone experiencing an issue similar to mine.

First, familiarize yourself with eBay's User Agreement page.

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259#4

Part 18. Legal Disputes

Section B. Agreement to Arbitrate.

Subsection 2. Arbitration Procedures.

A link to the (Notice of Dispute) form can be found here ..

https://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf

If this process does not provide relief then go to the American Arbitration Association.

https://www.adr.org/Rules

Look for the links listed under Consumer Arbitration Rules for information on the process, rules, forms and fees.

This is the path I will be taking to resolve my issue with eBay's violation of the terms and condition that we have all agreed to. eBay is in breach of contract and will be held accountable.

I highly recommend that anyone having an issue with eBay's repeated failure to abide by this legal contract seek help through these methods.

If all else fails haul their ass into small claims court. I very much look forward to producing all of the evidence I have accumulated in this case and see what the Judge has to say, and I will be seeking damages that far exceed the $600 that they have taken from me. This inexcusable, unprofessional non-sense they have put me trough has already cost me much more than I care express in this forum.

Discussing eBay Policy on eBay's Policies Forum is a Violation of eBay Policy . 😐
Message 19 of 22
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Re: Return Policy Abuse


@digital227 wrote:

If all else fails haul their ass into small claims court. I very much look forward to producing all of the evidence I have accumulated in this case and see what the Judge has to say, and I will be seeking damages that far exceed the $600 that they have taken from me. This inexcusable, unprofessional non-sense they have put me trough has already cost me much more than I care express in this forum.


 

Come back and let us know how that works out.

 

 

 

Have a great day.
Message 20 of 22
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Re: Return Policy Abuse

I got as far as "I have been an eBay member since 2005. I have a 100% rating" and stopped reading. That information is irrelevant.

I can not teach anybody anything
I can only make them think
Socrates
Message 21 of 22
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Re: Return Policy Abuse

You signed the user agreement which says you agree to let eBay make the final decision in MBG cases. eBay decided. You didn't like or agree with their decision but that is too bad, and you can't fight it and win.

Your first response should have been to refund and let them keep the speakers or provide a return label and refund when they're returned.  

Message 22 of 22
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