Buyer requests return on NIB item after using it for 28 days.

[black-prometheus]

Hi,
Here's a new one for me, my first return ever. A buyer purchased a "floor-robot" from me, new in open box, all parts factory sealed, including the manuals.
Item description:

".... New in Box, never used.
Opened it up to check it out and find UPC, Includes all attachments, paperwork & such still sealed in plastic (even a fridge magnet still sealed!..lol)
Box has some wear from storage
Ships Free UPS Ground."

He's used the item for the past month, left positive 5-star feedback "PERFECT ALL REGARDS"

 And a 5-star review stating:

"IT IS MY FIFTH ONE IN 20 YEARS
GREAT ITEM, TOO BAD THEY NO LONGER MAKE THEM."

The listing states no returns; I'm also well aware that's meaningless, but this return request came on the last two days of the 30-day window. That right there got me wondering.
His reasoning is as follows:

"On arrival I found the enclosed battery was dead, and despite repeated attempts would not take a charge. I have owned a ..... before and had two good batteries so I did not worry about it. I used unit to clean floor two times. I left good feedback then, but on the third use it refused to run with good battery. It kind of orbits on itself like a top spinning slowly but does not advance and do the floor! I hope ebay money back guarantee will help me. Home phone & name redacted. PS because of holidays I will be away 21 DEC-2 JAN. THANK YOU"

The "bad buyer" search netted few negatives left after a very long time on eBay. Then again, I could be way off on that. He's only had a few transactions all year, two of them from sellers who stock these items & parts.

I'm inclined to fight as it can't be returned in the condition it shipped; was removed from packaging, used, and in his possession for 28 days, and by his own admission he has four other units on hand. The question is, do I play ball and accept the return? This is in keeping with the swap n' steal method. Never mind the item is worthless after this, whether it is what I sold him or a swap is irrelevant.

OR, a partial refund for the parts he needs to "fix" this? He obviously knows where to get the parts.

I'd appreciate some suggestions?

[lamber9347]

It's really very simple, accept the return. As you said your no returns policy is trumped by eBay's MBG. However there are seller protections now in place. Since the item will not be returned as it was sold, you are allowed to keep up to 50% of the cost. That's the best you're going to get on this. If you fight it you will lose the product and your money. If you play hardball you will lose. If you fight it entirely you will lose. Your call but you seem intelligent enough to realize it's better to get something back then nothing at all. Best of luck to you....

[black-prometheus]

Thanks,
That's kind of what I thought as well, I've never done return, how do I recoup the 50%?

[lamber9347]

The buyer has to open a return case, which it sounds like they already did. You accept the return and send them a return label. Once the item is back in your hands you can return the 50% by selecting the correct reason. Make sure you read up on the new seller protections that were updated this fall or summer, I forget when as it was recently. You have time to familiarize yourself while you wait for the item to be returned. Keep in mind you have a limited amount of time to respond and close out the case before eBay has to get involved. So don't delay, read up now while you wait for the return. If the buyer doesn't ship the item in time you will automatically win the entire case. Right now this is in your hands to work it out. Stay positive and beat the clock. Do everything as you need to do it....

[inhawaii]

What was his "official" reason for return?

[black-prometheus]

"Doesn't work or defective"

[black-prometheus]

Yeah, I'm onboard with that, cut the loses. I'll bone up on the rules, been on eBay since the beginning, this is my first return, ever. Not to jump on the band wagon, but in just the past few months I've been having issues with buyers that are totally out of left field, all to this point eBay decided in my favor. I've heeded the advice of others and moved to the other venues while creating my own website at the same time. Thanks for your help.

[fern*wood · Accepted solution]

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@lamber9347 wrote:

It's really very simple, accept the return. As you said your no returns policy is trumped by eBay's MBG. However there are seller protections now in place. Since the item will not be returned as it was sold, you are allowed to keep up to 50% of the cost. That's the best you're going to get on this. If you fight it you will lose the product and your money. If you play hardball you will lose. If you fight it entirely you will lose. Your call but you seem intelligent enough to realize it's better to get something back then nothing at all. Best of luck to you....

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Only sellers that qualify for the new protections can take advantage of the partial refunds.   One must be a top rated seller and offer 30 day returns.   Also, sellers that offer free returns have some protection options.  

[luckythewinner]

I'm inclined to fight as it can't be returned in the condition it shipped

The battery cannot be checked and the unit proven to work without removing it from it's packaging

was removed from packaging

The battery cannot be checked and the unit proven to work without removing it from it's packaging

used

It cannot be proven to work without using it.

in his possession for 28 days

You have 30 day returns. 

by his own admission he has four other units on hand

Previous ownership of a similar item does not void the money back guarantee.

This is in keeping with the swap n' steal method

Conjecture at this point. And if his goal from the start was fraud, why would he immediately leave a positive and take away some of his leverage?

[black-prometheus]

Thanks for the input, I'm not the tiniest bit interested in the opinion of Pro-eBay policy shills. I just finished ready your other comments elsewhere. I'm wise to you.

[coast_of_maine_antiques]

The keep 50% for bad returns rule is for top fared sellers. Sounds to me like your buyer needed a new battery ......

[black-prometheus]

ALL Sellers: An item is returned after it was used or damaged by the buyer

Sellers who offer free returns are eligible for this protection

• You can deduct up to 50% from the refund to recover the lost value of the item
• We will take care of any issues directly with the buyer for you, including removing any negative and neutral feedback, defects, and open cases in service metrics

If we are asked to step in and help, you will no longer be able to issue a partial refund to the buyer.