False Not As Described case. Lost item and money. Recourse? eBay CS provided misleading info

[stefvik]

I have been selling and buying on eBay for 21 years. Mostly good experiences, but a decline in recent years.

Ebay return policies seem to enable unethical behavior by some buyers, and customer service used to be able to mediate and solve issues, while in recent years for the most part read a script.

I sold an analog dive watch for $139 in December. The buyer opened a case stating that she expected to have a depth gauge and other features. Those are present in digital dive computers, not in traditional dive watches. 

I accept no returns and I wrote that I sold the correct item with a proper description, like other listings for the same watch.

I contacted eBay CS, "Don't worry about it, ebay is on your side". they told me to wait, and I asked ebay to step in.  I got a message that the buyer was waiting for my response. I sent another message. 
No reply.

This morning I found out ebay ruled in favor of the buyer and they could keep the item and get a refund.

Ebay was not good at communicating this possibility. 
I would have sent a return label, even if I felt it was unfair. 

This is really unfortunate and feels like ebay does not respect sellers, I have 100% positive feedback, and 1000+ ratings. 

On one hand, returns are part of selling items, and some transactions are unpleasant. Probably it is not worth my time for the amount of money I have lost on this transaction. 

But at the same time not addressing the issue allows eBay to disregard and disrespect honest sellers. 

So I am considering bringing up the issue to the NY state Attorney general office, the Better Business Bureau, and Small Claims Court in NY. 
Big powerful corporations can take advantage of individuals, but when many coalesce there could be more chances to change bad policies and habits.

In cases like this, eBay should be liable for the return shipping, if they are unwilling to investigate a dispute and rule by default in favor of the seller.

I learned that a case always favors the seller even if they fail to provide evidence, respond to messages and make false claims that can be easily verified.

Ebay customer service seems now to be based in India, with employees who have their hands tied. They provide confusing information, it is a waste of time. 
Years ago, there was real customer service, with US-based employees for US-based buyers and sellers. The experience was a lot better.

I could shrug it off, think that it is not worth the time and energy, and start to migrate to other marketplace platforms that are not as complacent as ebay.

But it would be great if other sellers would unite in pressuring ebay corporate offices contacts, and social media and file claims with their court system and attorney generals. The more the better. 

Stefano

[hartungcards]

This sounds like a case for Saul Goodman.  Better call Saul.  He'll probably only charge you $139 for his services.

[monica-sells]

You have been around...you are not a new seller without a clue...

Why you would not just accept the return and resell the watch escapes me......

You know that "No Returns" does not equate to "No Refunds".....

"...I contacted eBay CS, "Don't worry about it, ebay is on your side". they told me to wait, and I asked ebay to step in..."

I am not disagreeing with your interpretation of what an ebay "Representative" said to you...

but, with "..I have 100% positive feedback, and 1000+ ratings...." . you have been around and should know how ebay rules work......

[coolections]

21 years of selling and you did not know buyers can return things regardless of what you think. Buyer protection started around 10 years ago. When someone opens a claim, it is a MUST that you provide a label and do what the claim says. No need to even call CS. Sorry you did not understand the procedure that was given to you in the claim the buyer made.

[ebooksdiva]

When a buyer opens an INAD and the seller does not respond what did you think would happen. Your no refund policy means diddlysquat when MBG trumps it. 
Since you failed to allow the buyer to return the item for a refund, the buyer escalated the case, got their refund, that eBay pulled from either your available funds or bank account, and allowed the buyer to keep the watch. 
eBay is liable for nothing. 
Why don’t you do yourself a favor and read up on the Money Back Guarantee policy. 
Money Back Guarantee Policy  

So I am considering bringing up the issue to the NY state Attorney general office, the Better Business Bureau, and Small Claims Court in NY. 

Good luck with that. 

[stefvik]

i did not have to deal with many returns. Policies often change. CS was not clear about.

Of course, I made a mistake. I thought ebay would provide the shipping label.

Anyway, this policy allows a buyer to claim they received an empty box and a valuable item was missing.

So just stating the obvious, that I made a mistake, does not really make ebay's enabling of abusers of the return system right. 

You may be passive and accept it and write it off. 

I think if enough people complain about something, change can happen.
Anyway, I was able to google the buyer, a realtor in Miami, and got her phone number and email. called her, and I can try to solve this mistake on my own.

Just keep in mind your response when you make some naive mistake and people tell you what you did wrong instead of some valuable insight. You are stating the obvious. Don't you think I now know that already?
My post is how to best proceed. I can not change what's done. Maybe you can.

[stefvik]

sorry, you do not seem to add anything I know already, I had a crash course, so maybe I am a good seller with rare return requests. So it is good to be selling for 21 years with 100% positive feedback. Maybe you can provide some useful information next time rather than some rhetorical questions that are useless/

[mtgraves7984]

"... I had a crash course..."

@stefvik 

You sure did. I know that many sellers have made the mistake of not approving Return requests. Well... that one time.
Hang in there... 

[dnasilver]

Congress needs to put laws in place to keep marketplaces fair for all. A middleman should not be the one controlling (and always profiting) the outcomes of a dispute between a buyer and seller. There are clear abuses by both sellers and buyers that occur every day.  We all need to make the best decisions for ourselves and our finances. 

[carlmarxx]

Folk's   I have seen and read many threads   from sellers  on these boards  and groups where  sellers where and  are  back up by ebay on a No return and No refund policy.  As long as the seller  use's all Item details  with full information on good's the seller has up for sale . Which must include any item defect's and issues   that a buyer  will  use to file any Snad claim .   

[stefvik]

How could congress enact laws to protect sellers and buyers?

ebay could simply evaluate the interaction and the situation. 
the watch I sold was described accurately. The seller assumed  an analog dive watch had the functionality of a digital dive computer. 

there was no misrepresentation. It’s in my interest to provide accurate descriptions to avoid issues and returns. 
the buyer never communicated after initiating the claim. And eBay CS agents in India are barely more useful than a bot. 

[stacy_pme]

Contact the facebook EBay for businesses, and see if they can help you, or call customer service again!  I have done that in the past and they have overturned the other ruling, and ruled in my favor.... you have to fight for yourself!   Keep at it, and the right thing will happen eventually, the squeaky wheel, and all that.   Seriously, I have had them overturn cases, and I have even had them shut down cases that were wrong, like in your case... Just don't give up so easily.

[stacy_pme]

Oh, I should also add... choose your battles wisely, I only do this with expensive items, like you have, the $5 and $10 stuff, I send a return label, accept the return, and move on.... bigger items... I fight for.

[hartungcards]

And now you're going to badger this buyer by phone and personal email?  I see a trainwreck about to happen here.

[gwens*4saleitems*]

Just as an aside ..... The BBB (aka Better Business Bureau) is just a bunch of people in suits clapping each other on their backs. They really don't do much of anything else.

doesn't small claims court have to be done in the state/county of the offender?