Appealing Case Decided by eBay

[selex-tek]

I am the Seller, in the process of appealing an Item Not Received Money Back Guarantee case. The basis of my appeal is that the buyer is NOT covered by the MBG because this was a Local Pickup Only listing and the buyer did not pick up the item or have someone else pick it up for them. It clearly states in eBay policy that such cases are not covered by the MBG. I called eBay this morning and filed an appeal because there is no direct option to appeal in writing from within my eBay account. So my question is, is filing an appeal by phone the only way to file an appeal? 

[fern*wood]

Try ebay on facebook---I've never done this but have read about others that did.

[selex-tek]

Thanks for the response. It's clear from the buyer's messages that this was a blatant attempt to get me to agree to ship an item that was for Local Pickup Only, and that buyer was in fact aware that the item was LPO when he purchased the item. 

However, I must disagree with your final assessment. Of course a buyer can open an INR case on any purchase. That doesn't mean anything. The issue is, is a buyer covered by the MBG for Local Pickup items which the buyer has neither picked up, arranged to pickup, or had picked up by someone on their behalf. The answer is no, a buyer is NOT covered by the MBG for local pickup items which the buyer has failed to collect. It's right there in the policy. However, I understand your confusion since Local Pickup listings and orders seems to be a topic that many buyers and sellers alike are not well informed about. 

[wrong66]

Why did you refuse to ship it? That's what eBay is going to look at I would think.

[selex-tek]

Also, a seller is not obligated to cancel an order upon buyer request or for any reason for that matter, and eBay cannot punish a seller for refusing a cancellation request.

[monster-deals]

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@jen_768395 wrote:

You can't have both the item and the money. 

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Yes you can.

Happens all the time.

[selex-tek]

I beg to differ. First, I am a Paralegal and your assessment regarding the law is both hugely overbroad and not relevant to the circumstances of this case. The fact is, in a legal nutshell,  a buyer who purchases an item is bound by the terms of the sale. This is even more true when the terms of sale were made clear at the time of purchase, and the buyer was, or should have been, fully informed as to the terms of sale. It's called due diligence. Barring a claim that an item sold was defective (which is not the issue in this case) and therefore potentially covered under State warranty laws, a buyer who brings a legal claim will be bound by the terms of the sale. 

[candd205]

The buyer probably didn't notice that it was pick up only. They made a mistake. Refund the money and sell it to someone else. 

[maxine*j]

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@selex-tek wrote:

Also, a seller is not obligated to cancel an order upon buyer request or for any reason for that matter, and eBay cannot punish a seller for refusing a cancellation request.

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True, and I guess it's none of my business, really, but I can't keep from asking why you didn't cancel.  It wouldn't have cost you anything, or given you a defect on your account.  It would have been so easy, and you could now be spending your time more profitably.

[rosszonebricks]

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@selex-tek wrote:

Also, a seller is not obligated to cancel an order upon buyer request or for any reason for that matter, and eBay cannot punish a seller for refusing a cancellation request.

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Generally speaking, you are correct.  A seller isn't obligated to cancel.  But it NEVER EVER works out in the sellers advantage to refuse to cancel.  NEVER.

So REALISTICALLY, yes eBay can actually punish you.  Eventually.  Your 'punishment' in this case is the inevitable "Case closed without seller resolution" ding.

[buyselljack2016]

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@selex-tek wrote:

Thanks for the response. It's clear from the buyer's messages that this was a blatant attempt to get me to agree to ship an item that was for Local Pickup Only, and that buyer was in fact aware that the item was LPO when he purchased the item. 

However, I must disagree with your final assessment. Of course a buyer can open an INR case on any purchase. That doesn't mean anything. The issue is, is a buyer covered by the MBG for Local Pickup items which the buyer has neither picked up, arranged to pickup, or had picked up by someone on their behalf. The answer is no, a buyer is NOT covered by the MBG for local pickup items which the buyer has failed to collect. It's right there in the policy. However, I understand your confusion since Local Pickup listings and orders seems to be a topic that many buyers and sellers alike are not well informed about. 

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A the buyer was refunded, eBay seems to be in disagreement with you even though by "policy" you are correct.  Do not know how you will get them to reverse their decision. Many "appeals" result in the same outcome.

Being "right" doesn't always work out.

A lot of work for $0.30.

[selex-tek]

That is a knowledgeable and informed response. If a buyer purchases an item and just never picks it up, then it becomes abandoned property in accordance with the applicable State laws. Its entirely the buyer's responsibility, unless the buyer was hindered by the seller from picking up their purchase. So in fact it is entirely possible under such circumstances for a seller to end up with the money and the item both.

[selex-tek]

Thanks for the response. My answer is "no" and "no" respectively. However.  My question was not as to whether eBay should have found in the buyer's favor in this case. My question is, simply, how a seller can submit documentation in support of an appeal if the only means of appeal is by telephone. However, I am fully informed with respect to Business Law and the applicable laws in my State. 

[selex-tek]

Thanks for the response. I didnt refuse to ship the item. The item was a Local Pickup Only item. I did, however, offer to assist the buyer in arranging shipping at his expense. 

[handyhandz4u]

You just explained why I don't do local pick-up. And if I do it is only cash paid on pick-up. I then mark payment received so eBay can't fault me for not having paid fees. Call eBay it is the fasted way to get this cleared, and if money was paid you should refund or cancel the order.

[selex-tek]

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@candd205 wrote:

The buyer probably didn't notice that it was pick up only. They made a mistake. Refund the money and sell it to someone else. 

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Thanks for your interest. As I have stated, it was clear from his messages that the buyer was aware that the listing was for Local Pickup Only and this was an attempt to force me to ship an item when the listing was for Pickup Only.