I had a brand new sealed Xbox Scorpio Edition up for sale. The buyer had sent me an offer that was declined. He then messaged me stating that I am price gouging and that he can purchase the new Xbox Series X for the same price as my 4 yr old console that is listed. I felt there was no point in trying to explain to this buyer that this is a collectors item that is brand new and sealed and just told him to go buy the new Xbox Series X and blocked him from being able to purchase the item. Fast forward a few days later. He then messaged me stating he apologized about his previous messages and if I unblock him, he would purchase my item. I went ahead and allowed him to purchase it. I packed everything up securely with multiple layers of bubble wrap and shipped out the item with insurance and signature confirmation.
Once the item was received, the buyer initiated a return stating the item he received doesn't work and he wants a full refund. I had stated in my listing that there are no returns and sold as is. Seems like there is nothing I can do as Ebay has buyer protection and I will have to do the return even though I listed it as no returns. The buyer kept stating that these consoles have a high rate of failure and that I knew this when listing the item. He then blabbers about how he called Microsoft and they told him the same thing and that they stopped manufacturing this product due to the high failure rate. There is no such case regarding his claims so he is just making things up to return the item because he had buyers remorse or he switched out my product for his broken product.
I accepted the return and told the buyer a refund will be issued once I receive it and inspect it to ensure he did not tamper with it. The buyer ships the product back to me. He then messages me a few days later stating I need to refund him by end of the day as he is not responsible for shipping delays [We just recovered from a snow storm in TX]. I told him, until the item is delivered, in my hands and I inspect it, I have 2 days to issue your refund once delivered. He goes on to blabber that he will get his money and that I am being stubborn for holding on to his funds. I told him this is Ebay's policy for items over $500 value. I stopped responding to his messages since then.
So now I will be getting back a product that I cannot resell as new since he opened it. I honestly feel he had buyers remorse as in one of his messages, he stated he already was able to purchase the new Xbox released. He is not returning the item in the same brand new sealed condition as I sold to him since he opened it. Once I get my item back and inspect it, is there really anything I can do to win this case?
