I have a question about how eBay typically handles situations like these...
In my 25+ years on eBay, I have never received a single negative review. To this day, I still haven't. However, I was shocked this week when a dishonest seller not only sent me a clearly open/used item as "New, Unopened." He later admitted in writing to selling "scores" of these open and presumably used cameras as New.
Upon immediately noticing that the camera's inner and outer packaging showed clear signs of use/handling (box scratches, dents, slight tears in wrapping, wrinkled/missing bag(s) inside, dented/dirty camera case, etc), I wrote him saying it appeared to have been opened or used while the listing claimed it was New. He replied, stating that he did open it in order to take photos of the camera, but that it was still "new."
I dispute this completely, as it was not his simply taking pics of the camera (which would make it "Open Box" as per eBay). The camera's neoprene sleeve/cover was also removed from its clear plastic wrapping (I have a new one now, same model, and so I KNOW how the packaging is supposed to look when it is New and his was not new).
Also, he had no need to remove the case from the plastic bag it was in, because he did not even include a pic of this sleeve in his listing. The neoprene sleeve was slightly soiled (some white flakes) and dented. It was, to me, a used item he was trying to pawn off on me as "New, Unopened" as his description falsely stated. I suspect he purchased a quantity of used/returned cameras from another seller and has been pawning them off onto eBay buyers as New when they are not.
He opposed my return and argued against it. His listing stated he did not accept returns, however eBay apparently agreed with me that it was not New, and so I was issued a USPS return label by eBay.
Upon his receipt of my carefully packaged and quickly returned camera (that was nearly $1,000), he sent me the following message with a picture of a bean bag where the camera was supposed to be. He suggested I sent him a bean bag instead of the camera. Needless to say, I was shocked and very, very upset that someone would apparently try to scam me like this.
"Is this a joke? We authorized a return for a camera that we sent out brand new and we receive a box with a bean bag in it. We are filing a complaint with eBay and want the camera returned ASAP."
I was infuriated over his apparently stealing the camera, while having the gall to also suggest I sent him a bean bag and telling me that I needed to "return" the camera I had just sent him!
Mind you, there would be absolutely zero benefit to ANY buyer to do something like this, unless they wanted to screw themselves over, as how can a return be issued if the product was not received back by the seller! Maybe it can. I don't know. I certainly hope so, else I've been screwed out of $1,000 dollars! I believe he is trying to both get out of issuing my return AND trying keep the camera so that he pockets both my money and the USED/OPEN BOX camera I returned to him, because he was **bleep** off that I returned it and called him out on his misrepresented listing.
See pic below of the "bean bag" that he attached when he sent me the message above. I lightened it in Photoshop to see the detail of it (his pic was dark).
It looks like he stuffed something into a small pouch that something was delivered to him in, or possibly an eyeglass case or something similar because it looks like little draw strings on either side. He called it a "bean bag." Maybe it was. It doesn't look like it to me. I can't tell for certain from the pic. Mind you, the dimensions of the 360 camera (Ricoh Theta Z1) that fits in that slot is only about 2" x 5.2" so that would be a very tiny "bean bag":
As I thought about and prayed over the situation, I got an intuitive flash to search his review history to see if perhaps he bought a bean bag on eBay recently. He had not bought one... HOWEVER, when I searched his current listings, he was actually selling a very similar set of black bean bags! What are the odds?! And, nothing else he was selling was anything remotely like this! All he was and still currently is selling was Christian religious recordings, this particular camera, and tripods/monopods. That is all... and then these bean bags... which stand out like a sore thumb amongst all his other listings! I believe he was inspired to do this "swap" using a "bean bag" because he was unconsciously thinking of his own bean bag listing!
Here is his "bean bag" listing:
Again, he admitted to me that he misrepresented his camera by listing it as "New, Unopened" when it wasn't. I asked him about this and he wrote me through eBay that he opened it to take pictures of it. I understand why someone might do that try to protect themselves from bad buyers, but they would then need to list the condition as "Open Box." As such, it is no longer "New, Unopened," condition, as per eBay's product condition definitions.
He also stated in his description that this 2020 model camera he was selling somehow magically had the latest June 8, 2021 firmware update! Amazing!
Here is a quote from his item description:
"The firmware is the Newest Firmware Version 2.00.1"
It could not have been updated without hooking it up to a computer, proving again, he was dishonest, and not only took photos of it, he actually hooked it up to a computer (or someone else did) using the included USB-C cable in order to update the firmware. That is the only way that I know of that this can be done.
I won't put the link to the original listing here, but you can search sold listings for the listing title and probably find it yourself.
So, anyway, I filed a complaint against him with eBay immediately following his ludicrous "bean bag" response, and am currently awaiting the outcome.
As per the item's return details, I am scheduled to receive my refund by September 8 (three days from now). I don't know if it will be issued or how eBay handles something like this. Does anybody know?
What a crazy and upsetting situation. I haven't had any real issues in over 25 years on eBay and I don't recall ever having sent back a single item either.
I ended up finding a phone number for him and leaving a positive voicemail, where I tried to give him the benefit of the doubt that it was perhaps intercepted (it went through Philadelphia on its way to him) and swapped out. However, after thinking over his dishonesty with the listing as "New" when it wasn't, his having a listing for a "bean bag" item he was actually currently selling, and, surprisingly, when I messaged him to please listen to my voicemail, he stated he would NOT listen to my voicemail, would delete it, and was going to block my number (and was going to have his company sue me). Does this sound like something an innocent person would do?! It doesn't to me! Who would delete a message before listening to it? So, bottom line is, I believe he stole it and then tried to frame me to eBay as the thief. What a great guy!
I am contemplating legal action at this time in case eBay does not rule in my favor on this.
So, my question for anyone with more experience with eBay's return policy than I have is this...
How does eBay typically handle a situation like this, and is there anything I can do to ensure that I do not get denied this refund that is rightfully due me, such that I do not get screwed out of over $1,000 (including tax) because of a dishonest person?
1 BEST ANSWER
Accepted Solutions
