Buyer sent back an item after damaged by buyer and ebay refunded

[kainsouth4real2012]

I sold a 55" TV on ebay to a buyer in Oregon, I also mentioned on my listing that TV will not come in original boxand I have 14 days return policy, but buyer pays for return shipping. Couple of days after delivery, buyer opened a claim that item wasn't described as listed; that the TV did not come in original box. Ebay did not only approve the return, they also made sure I paid for the return shipping. 
Upon delivery of return, I inspected the tv, I realized that the box had been punctured and covered with tape. Opened the box and saw the tv screen has been punctured and damaged. 
Ebay also refunded the buyer as soon as the tv arrived. I contacted eBay and opened a claim, this is what eBay sent me by email:
After reviewing this case, we decided to keep the original outcome. We understand that you received your item in a different condition from when you shipped it. Unfortunately, we weren't able to grant your appeal because we couldn't determine that this was caused by the buyer, or that this was something in the buyer's control.

[terrycanarsky]

Personally I would say your best bet is to file a claim with the shipping company.  Keep all packing materials and the item.  Buyer may have pierced the box/item, but it is more likely to have happened in shipping.  The original return may have been sketchy, but I doubt you will get anywhere with eBay on this one. 

-SW

[kainsouth4real2012]

Thanks.
But the things is, the punctured hole was taped with clear tape.

[terrycanarsky · Accepted solution]

That doesn't mean anything though.  I've received packaged back from USPS with a note from them saying they "fixed" the package.  It was wrapped with clear tape as well.  Clear packing tape is pretty standard in any shipping department, even those with printed tape.  Personally, I have both in mine.   You'll never be able to prove the buyer did the damage, with the exception of fingerprints on the tape and all that but this is eBay not CSI lol.  Really, just file with the shipping company and hope for the best.  We've all been screwed over, sometimes worse than others but it sucks either way.  At least this way you have a chance of recouping the money through insurance. 

-SW

[gracieallen01]

File a complaint with the USPS Postal inspectors - possibly using the mail for fraud.  And, with IC3.  You could also do police reports.  It will help to get the buyer on the radar, if they aren't already.  Nothing will ever get done about possible scammers if they aren't reported.

[kensgiftshop]

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@terrycanarsky wrote:

Personally I would say your best bet is to file a claim with the shipping company. 

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Unless they purchased insurance, the return would not be insured.

[kensgiftshop]

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@kainsouth4real2012 wrote:

Unfortunately, we weren't able to grant your appeal because we couldn't determine that this was caused by the buyer

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Without proof that the buyer caused the damage, they'll find for the buyer.

Even if there was proof that the buyer caused the damage, because they filed an INAD, they would still find in favor of the buyer.

[terrycanarsky]

Well yes, that is true.  But to ship a 55" tv without insurance seems a huge risk to me.  I assumed s/he bought insurance for the item.  If not, then this is not a recourse and they will probably just have to eat the loss.  C'est la vie!

-SW

[terrycanarsky]

This is a **bleep** policy but it is the case, INAD is always found in buyers favor even with proof. I think I have, one time, gotten an INAD case found in my favor because the buyer blatantly admitted wrongdoing in the messages by stating they took the item apart before filing a case. That is the ONLY exception I've found for this policy and it was probably due to the CS agent being understanding.

-SW

[fern*wood]

I'd be surprised if there is insurance to cover shipping a 55" flat screen.

[kainsouth4real2012]

I actually paid for insurance.