Let me explain the story.
I have sold a CPU on ebay with a custom IHS installed. During shipping, the liquid metal leaked out and causes the CPU not to work as it will have a short. This is an easy fix and I would be able to fix it once I get the item back. I apologized to the buyer and told him to return it, I gave him a return label as the item was technically damaged during shipping.
I received his return back, however upon inspecting the item I noticed he has attempted to self-repair it. He did not mention this at all to me on the messages. What he has done is taken off the CPU lid, removed the adhesive glue, scraped off the liquid metal and applied thermal paste on the CPU die and then re-glued the lid back on. I questioned him on this on eBay messages however he denied it all, however I obviously have proof as I still have the item and have pictures.
eBay's return policy states on the first line
"If a buyer returns an item, it should be returned in the same condition in which it was received, and it should include all items that were in the original package."
So I told the buyer I am unable to refund him as he has not returned it in the same condition. He opened a dispute, eBay sided with him straight away without asking me for ANY proof whatsoever. I was not even asked to give a defense at all. I have appealed this multiple times however eBay just repeat to me that it's the risk of loss of a seller, similar to high street theft (yes that's what they told me) , and that if an item is altered they don't have any way of checking that and they only go off the tracking which indicates "delivered" (obviously it would say that). I tried to explain to everyone, managers, return reps, reps on live chat that him altering the product violates the return policy and he therefore should not be given any money back guarantee however they just repeat that they don't have any way to check the conditions of an item.
eBay are now trying to take fees from me and started sending emails regarding debt collectors but I am not going to pay a penny knowing that eBay wrongfully refunded the buyer.
I am willing to take this further to small claims court to get the money back which I originally sold the item for and to also remove those fees which eBay are asking for. My only issue is that I don't know whether I take the buyer, or eBay to small claims court? I understand the contract is between me and the seller however eBay forcefully took the money from me in order to refund the buyer. Any help is appreciated.
Thanks
