Help with Item Not As Described Case

[hbyrd1o1]

Hi eBay community!

I listed a GPU really cheap out of a computer that needed repairs and wasn't working. I listed it as "parts/not working" and put "READ DESCRIPTION" in the title.

Within the description, I included some information about why the original PC wasnt working and how the power had gone out. I also mentioned "UNKNOWN WORKING CONDITION", because I didn't have any way to test the card out.

Anyways, a big time buyer on eBay decided to buy my item and then opens a NAD return the day he gets it.

He claims "Does not work at all. More than just the power supply from the sellers description was damaged when his computer shut off that night as he described in his description. The video card does not have any power, lights, or any function working on it. If the seller had just said the card didn t work, that would be on me. But this card just flat out doesn t work at all. I installed it and this only thing it does is turn on the fans and nothing from there."

How would eBay handle this case? I can't believe somebody like him purchased the card to begin with and doesnt seem to know much about computers in general. I already listed that I didnt know if it works or not... I couldnt test it, thats why it was so cheap.

Any responses are greatly appreciated, thank you so much!

[heckofagame]

Unfortunately, buyers are not held responsible for not reading a listing. And sadly, there are many buyers specifically looking for sellers from which they can get free stuff by manipulating the system.

If the buyer filed a INAD, you need to respond by either offering a refund for the return of the item or just refund and let them keep it. That would be your choice. 

If you refuse to offer a refund, odds are that eBay will do it for you, which means you lose money, your item  and you will get a mark against your seller metrics.

[playklax]

It used to be that 'parts/not working' was the only category that an INAD could not be opened on.  Is that no longer the case?

[fashunu4eeuh]

This is a kind of tricky situation. Did they come to you first with a return request? Or did they go straight to the Not As Described case?

In the case notes, point out this was a non-working item with a condition of For Parts/Not Working and clearly stated as such in the description.

I wouldn't normally advise to contact the buyer outside the case, but under these circumstances, i would also send that info to your buyer thru Messages, asking them if they are amenable to closing the case since they were in error, but assuring them you will refund.

If they won’t close it, you are on the hook for the refund plus shipping if you want the item returned. Or you gamble, and ask eBay to step in to make the decision. Usually i’d advise to refund because the result of not refunding is a defect on one’s account, and the Final Value fees are not refunded. But i think you have a strong case. It should go your way, but eBay is known for siding with the seller regardless. It is a risk you must decide if your account can tolerate a defect.

After all is said and done, you can appeal the case to eBay if it doesn’t go your way. I think you would have a decent shot of winning one. Below is more info on appealing. Good luck and let us know what happens. 

https://www.ebay.com/help/selling/managing-returns-refunds/appeal-ebays-decision-return-missing-item...

[luckythewinner]

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@playklax wrote:

It used to be that 'parts/not working' was the only category that an INAD could not be opened on.  Is that no longer the case?

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As far as I know INADs have always been available to "For Parts/Not Working" listings. 

If you tell me an item is a broken Rolex and I receive a Timex instead, that is the very definition of "Not As Described".

[luckythewinner]

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@hbyrd1o1 wrote:

I already listed that I didnt know if it works or not... I couldnt test it, thats why it was so cheap.

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IMHO "I don't know" is never a good idea in an eBay listing.

I can't find the listing to know what you said about the card, but if you did not know whether this GPU was working or not, you should simply say "this item does not work at all".

And any attempt to hint at what the condition of the card might be will almost certainly backfire.

[kensgiftshop]

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@playklax wrote:

It used to be that 'parts/not working' was the only category that an INAD could not be opened on.  Is that no longer the case?

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No, it doesn't matter now.

[hbyrd1o1]

In the future... Is there anyway to prevent a return from being opened? I could put DOES NOT WORK, and I feel like I am still possibly taking a gamble. This is eBay after all, please let me know what you think.

[pjcdn2005]

There is no way to prevent a return from being opened.

[fab_finds4u]

Hung by your tongue.

You said you didn't know if it worked or not. That means you're leaving the testing to the buyer if you had no way to test it. Buyer tested it and it didn't work. Refund the buyer.

[chapeau-noir]

I see a lot of hair splitting here - this on the part of the buyer seems really weak to me: "If the seller had just said the card didn t work, that would be on me. But this card just flat out doesn t work at all." 

"Doesn't work" means "doesnt' work" - I'm not sure what this buyer is getting at.  He bought something that doesn't work and now it doesn't work?

This big time seller decided to gamble that the card that 'didn't work' might somehow 'work' and he'd be able to flip it. I'm sorry - above is correct, it's better just to just say 'it doesn't work' without qualifications and leave it at that, instead of being honest.  The buyer has a really weak case but eBay won't care and it's better to just take the return.

[ittybitnot]

How would eBay handle this case? 

@hbyrd1o1 

Basically, it is the same procedure if you had a new sealed in box item.  As soon as a buyer chooses a "not as described" from the dropdown menu, for all intents and purposes on ebay it becomes not as described even if it is.  Your description no longer matters, your photos no longer matter, and neither will be considered in any complaint.  The buyer becomes right (even if they are not) and either you go along with the program or let eBay do it for you and suffer the consequences.   

Even if you stated ten times in your description THIS DOES NOT WORK, and the buyer claimed SNAD/does not work the actions would be exactly the same. 

[chapeau-noir]

Yes - eBay does not adjudicate at all now - seller always loses.  It's unfortunate because this site is really great for parts and fix-it items, but they all are treated like 'new in box' at Amazon now.