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Hopefully I can get some help....

As a seller migrating BACK to this site, I see tons of changes I was wanting years ago. Now I sell a wide assortment of things but my reason to finally join this here is one recent issue that for the life of me and my lawyer now can not believe or accept. Policy states that when selling be specific and be sure you sale what is described in the description. Add as many pictures for the customer to use as reference which is why they say mostly "is it as described in post " . Customer buys items and admits that as well as admits to receiving what was described, but claims then in the same sentence item not described,  and then here is the reason I brought this to my lawyer, said he opened the product and was not happy. I offer a fix despite the painful obvious **bleep** and customer then demands specific things as well as claims to still proceed with a return. 3 seconds later I have ebay call me. I file against buyer on false claims and demanding 3 days after this I am told customer is returning item and I lost the case. Now I am so familiar with the laws where I am I can pull them out of my wallet. But I still again have ebay call me, there is nothing to be done. **bleep** in 30 years selling high end collectibles and high priced items I've had 2 problems where I was robbed.  Once was iphones and then this. Both times was ebay the first time they were the first to find out about the ring of thieves arrested for, yup scaming on ebay for items iphone too of the list. I was not given my money back and so I left and now this and this is even more obvious and in writing front page litterly!! So what do I do whats the best route to get the person with some education to look my case over for a second to see this is **bleep**?

Message 1 of 8
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7 REPLIES 7

Hopefully I can get some help....

So, are you getting the item back?


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Never sell anything on eBay that you can't afford to lose.
Message 2 of 8
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Hopefully I can get some help....

You sold an item.

The customer did not like it.

You offered a "fix".

Customer refused fix.

You consulted your lawyer.  Interesting choice.

customer then demands specific things as well as claims to still proceed with a return.

The customer opened  a Not As Described dispute (?)

I file against buyer on false claims and demanding

EBay decides in the customer's favour.

 

Okay.

Well the lawyer was money wasted.

The normal advice is to ask the buyer to return the item-- which it appears he did and paid for the return, since you did not send return shipping.

Two points here:

  • The seller can have a No Returns policy but not a No Refunds policy. This is in your Selling Agreement. Too bad the lawyer didn't read that.
  • The seller can demand the buyer return the item, even if he has a No Returns policy. He may/probably will be told to send return shipping.

When you did not pay for return shipping, you abandoned the item. The seller is allowed to do what he wants with it. Trash, keep, donate.

EBay requires you to refund if the item is Not As Described. If you don't eBay will, then will charge your account with the refund, then will give you a Defect on your selling account.

You would not normally be required to refund until the item is returned, if the buyer is returning it.

If what the buyer returns is not what you sent, you can then appeal.

But most sellers recognize this is business, not personal, and relist the item to recoup at least some of the loss.

 

As to Not As Described.

If you sell a red sweater and the buyer complains that it is scarlet, but he thought it was cherry red, that is still a Not As Described, even though there is a matter of opinion about colours. You refund on return. Relist. And usually Block the colour-blind nitwit.

 

 

 

 

 

 

Message 3 of 8
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Hopefully I can get some help....

What isn't a matter of opinion is that listing for a Used 6c stamp which you describe as MINT.  It's also not #394 which is a 3c Washington coil.

If that is an example of your descriptive powers.... gosh.

Message 4 of 8
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Hopefully I can get some help....

If there is an issue with an item you sold you must accept a return. Every item on Ebay must adhere to that condition as part of the money back guarantee. I think that pretty much applies to all business everywhere not just Ebay.

Message 5 of 8
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Hopefully I can get some help....

Policy states that when selling be specific and be sure you sale what is described in the description. 

 

@rairai6 

The eBay return system is basically automated now.  Once the buyer picks from the list a "not as described" reason, your item BECOMES not as described, even it it is exactly as described.  Basically, that is the 'end of the story'.  What you put in your description no longer matters.  What you displayed in your pictures no longer will be viewed, nor will any eBay messages the buyer sends.  Conceivably, as another poster said once, the buyer could put in the comment portion that  they need the money for crack and you would still be on the hook for the 'not as described' complaint. 

Customer service will not (most likely not allowed to)  do anything about it.  Your choices are to "accept the return and provide a pre-paid label"  OR "refund the buyer and let them keep the merchandise for free".   If you accept the return, it doesn't matter what the buyer returns.  It could be your item,  a rock, or an empty box.   eBay will still refund the buyer with YOUR money. 

If you do nothing, eBay is going to do it for you.  They may or may not require a return, but you WILL be refunding along with a serious service ding on your account for "not providing seller resolution".

I suppose eBay has gotten by with this since their User Agreement states by using the site, you allow eBay to make all decisions  regarding disputes.  In essence, you agree to be a victim of buyer fraud.  

Message 6 of 8
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Hopefully I can get some help....

@rairai6 

 

 

Since you got Ebay involved, you're lucky they had the buyer ship the item back.

With your no return policy, they could have refunded the buyer and let them keep the item.

When a buyer files an INAD, they want you to handle the case and when you get Ebay involved, they give you defect..

Have a great day.
Message 7 of 8
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Hopefully I can get some help....

If I had a dollar for all the ''lawyers'' on eBay..........well, I wouldn't have to sell on eBay LOL

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Message 8 of 8
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