eBay

selex-tek · ‎12-10-2020

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?

selex-tek · ‎12-10-2020

Thanks for your input. Its not a hobby and that's exactly my point. This is a busines and I am in business to make money, not as a philanthropic exercise.

selex-tek · ‎12-10-2020

My position exactly. The terms of the sale were clearly stated in the listing. A buyer is responsible for reading the terms of sale before they make the purchase. If they dont want to pick up their item, or arrange shipment at their expense, that is their choice. If enough time goes by and they dont pick it up, it becomes legally abandoned property.

donsdetour · ‎12-10-2020

@selex-tek wrote:
I meant to add, that the way I will get eBay to reverse the initial decision ( which as I explained is done automatically by a bot) is to appeal the decision, which I am doing. Lastly, should eBay subsequently fail to adhere to its own policies, I will simply take the case to small claims court. I have succesfully filed many small claim suits against large corporations including Fedex, UPS, and my local bank. Often, all I have needed to do is send a legal Demand Letter to the company's Registered Agent in my State, with a threat of legal action if my demands are not met within 30 days of delivery, to get a check in the mail to me.

You might also want to read this page : pay attention to the

"Legal Disputes, Section B" section of this

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

selex-tek · ‎12-10-2020

Not at all. I already have the money. The buyer just refuses to pick up their order. IF eBay does deny my appeal it will be in clear violation of the relevant eBay policy. In that case, my only and best recourse is legal action. And believe me, no large corporation is going to pay a lawyer to fight a small claim suit. They pay them automatically.

selex-tek · ‎12-10-2020

Thanks for your interest. Every seller must make decisions as to what they consider to be in their best interest. I disagree that you can't train the masses. Frankly, the masses are trained in all kinds of ways. And it happens one buyer at a time.

selex-tek · ‎12-10-2020

Clearly you have not read all my posts. I did not refuse to ship. This was a LOCAL PICKUP ONLY listing. LOCAL PICKUP ONLY. That means exactly what it says. It shouldbt be a source of confusion yet you continue to insist that I refused to ship the item. Nuff said.

monster-deals · ‎12-10-2020

@coolections wrote:
@selex-tek wrote:
the buyer demanded I cancel the order because it was too far for him to drive. I refused to cancel. Hopefully no appeal will work for you. (
Why in the world would you refuse to cancel an order that you refused to ship ?

He didn't refuse anything, it was a local pickup.

The BUYER refused to pick it up.

donsdetour · ‎12-10-2020

@selex-tek wrote:
Not at all. I already have the money. The buyer just refuses to pick up their order. IF eBay does deny my appeal it will be in clear violation of the relevant eBay policy. In that case, my only and best recourse is legal action. And believe me, no large corporation is going to pay a lawyer to fight a small claim suit. They pay them automatically.

Yep and automatically NARU you for violation of the user agreement.

And what appeal are you doing if you have the buyers money??

What case did eBay find against you that was not refunded by you??

coolections · ‎12-10-2020

You are clearly trying to extort money. YOU refused to allow the buyer to cancel the transaction and admitted that here. I sounds like you are familiar with this and have done it in the past. Ebay should boot you from selling IMO.

coolections · ‎12-10-2020

@monster-deals wrote:
He didn't refuse anything, it was a local pickup.

WRONG

@selex-tek wrote:
the buyer demanded I cancel the order because it was too far for him to drive. I refused to cancel.

selex-tek · ‎12-10-2020

I appreciate your opinion. Everybody has one. I am not trying to keep the buyer's money. I continue to hold the item for buyer to pick up, or arrange shipment of. The money I received is my payment for the item. I simply refuse to be extorted into cancelling orders by buyers who are fully aware of the terms of the sale and are often all too aware of the various loopholes that exist which they can exploit to get what they want. As far as I am concerned, if I have clearly described an item and the terms of sale in my listing, then that is all that is required of me. I am not obligated to cancel an order, period. Nor am I required to provide shipping service other than that provided in the listing. If a buyer refuses to pick up their item, or arrange to have it shipped at their expense, then that is their choice. I will hold the item for them until they pick it up or arrange pickup. If they dont do so, the otem eventually becomes abandoned property. If buyers dont like it, perhaps they will learn not to try it again in the future.

donsdetour · ‎12-10-2020

@selex-tek wrote:
I appreciate your opinion. Everybody has one. I am not trying to keep the buyer's money. I continue to hold the item for buyer to pick up, or arrange shipment of. The money I received is my payment for the item. I simply refuse to be extorted into cancelling orders by buyers who are fully aware of the terms of the sale and are often all too aware of the various loopholes that exist which they can exploit to get what they want. As far as I am concerned, if I have clearly described an item and the terms of sale in my listing, then that is all that is required of me. I am not obligated to cancel an order, period. Nor am I required to provide shipping service other than that provided in the listing. If a buyer refuses to pick up their item, or arrange to have it shipped at their expense, then that is their choice. I will hold the item for them until they pick it up or arrange pickup. If they dont do so, the otem eventually becomes abandoned property. If buyers dont like it, perhaps they will learn not to try it again in the future.

Actually if you do not get the q code or receipt from the purchaser it is an item not received

You also agree to this page by selling on eBay.

https://www.ebay.com/help/selling/shipping-items/setting-shipping-options/local-pickup?id=4181

"Proof of collection

For proof of collection, you can use the eBay app to scan the QR code or manually enter the 6 digit code the buyer received after completing their purchase.

To scan the code, go to the Arrange Pickup screen on the eBay app and tap the Scan to confirm pickup button. The item will immediately be marked as delivered. You’ll still need to mark the item as paid if you collect cash at the time of delivery.

If the buyer doesn’t have their email with the codes, a signed receipt/invoice or an eBay message from the buyer confirming they collected the item can protect you against item not received cases."

selex-tek · ‎12-10-2020

Thanks for your response. Fortunately, I am fully aware of the Legal Disputes, Section B portion of the User Agreementl. It clearly states "Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis". This isnt my first rodeo. But I do appreciate your input.