Need help! Buyer is trying to Scam me!

[a_valle1]

I have sold two virtual instruments in the form of software CD's from a company called Spectrasonics.

Through them, the buyer and I had an agreement where we have gone through the process to transfer the licenses for the software to his name and account, in which it has been already been finalized. There is no way to reverse this process.

Now he is trying to return the product (which is just software cd's and instruction manuals for them). They are useless without the licenses attached to my name and account on the Spectrasonics website.

First, he clearly purchased software in the form of CD's from me.  His excuse is that he cannot use cd's on his computer. I offered the buyer a partial refund of $15 for any inconveniences to purchase an external optical drive in order for him to use the cd's on his computer which he refused. He is insisting that I give him a partial refund of over $100 to purchase the latest version of the software as an upgrade on his account which will allow him to be able to download the software instead of using cd's.

No where on my listing says I am selling "Omnisphere 2," which is the most recent up-to-date software from Spectrasonics.

I need help in this situation because I CANNOT accept the return without getting my licenses back, which I've already said is impossible to reverse due to the software companies policy.

[pikabo-icu · Accepted solution]

@a_valle1 

I am really sorry..

Sounds like this person knows what they're doing- and there isn't much you can do to prevent it.

If a return is filed, you have to accept it or eBay will refund them anyway and they will keep the item.

Even if it's worthless at this point, you will end up with a defect on your account..

I'm sorry.. 

[a_valle1]

Thanks for the response, yeah this is really unfortunate. I did not expect something like this to happen. I am trying to contact eBay but they have not responded to me.

[pikabo-icu]

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@a_valle1 wrote:

Thanks for the response, yeah this is really unfortunate. I did not expect something like this to happen. I am trying to contact eBay but they have not responded to me.

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I know it's very frustrating and sad really..

Please don't let them encourage you to allow eBay to step in-

That is a big mistake- the phone reps often give very bad advice that can hurt you as a seller..

I know it sucks but in cases like this, the seller always loses..

Did your buyer file an official return case? Did they state a reason?

Do not refund until they file an actual case.. If they do enough of these eBay will void the buyers MBG.

Again really sorry..

[lamber9347]

@a_valle1 I'm sorry for your situation. There are inherent risks when selling items online to perfect strangers from across the country. Transferring a license is a one time irrevocable process so that was pretty risky on your part. It's the same as selling an unopened bottle of perfume. Once it's sold and if buyer later returns it, the bottle will now be  opened and used. These things do happen when selling online. Your best bet would be to offer a partial refund and at a minimum get some money back. If buyer asks eBay to step in you will lose the case and all money involved. Try to get something for your troubles out of it. Best of luck to you....

[dbfolks166mt]

     Savvy scammer. At this point there is little you can do and there is probably no need to have him/her return the CD's and instructions and pay the return postage since they are useless. This scam is not unlike the gift card scam so many sellers fall for never realizing that the buyer does not need the card only the code to use it. By the time the reality hits the money is gone. 

     While the transfer may not be reversible you may try contacting Spectrasonics and explaining what happened and report the software as being stolen. You will still probably be out the money but at least the buyer cannot continue to use the software which I am guessing he/she is already doing. Other than that option you are probably going to have to fully refund this buyer since eBay is probably not going to help you, but you can try, even if he returns the license he already has the key/code. 

[fab_finds4u]

YES, their licensing agreement says you have to get their permission to transfer, it's given on a case by case basis at a fee of $50, and they only grant transfers to the original  owner. Your buyer would not be able to transfer it back to you.

You shouldn't sell something you can't afford to lose if the sale goes south.

[a_valle1]

I definitely appreciate all the responses. I should have known better. After so much positive reviews (from eBay and other platforms combined), I just thought everything would work out smoothly.

[lamber9347]

@a_valle1 Sometimes our errors cost us a bit but the important part is to learn from them for the future. You can still take the offer of a partial refund and get something for this transaction. Moving forward you also now realize the risks involved with online selling and will be more cautious. Keep your head up and try to remain positive. Best of luck to you....

[inhawaii]

1)  I hope you learned from your error.

2) I hope you never do that again.

3) I hope you make lots of money here to offset what you just lost.

Good luck!

[cycle-dog]

Technically, what you sold was a key (license) to use software, along with the CDs which the buyer presumably knew s/he was purchasing and that, accordingly, you also had a 'no returns' policy clearly stated and which is, when it comes to licensed software, also standard practice in the industry? 

As others have said, and assuming you performed your agreement in full (i.e., sent/transferred the key/license, along with the software for buyer to download in accordance with and as described in your listing), which I've no reason to doubt, then do nothing unless and until the buyer actually files a claim (it's neither your fault or problem that the buyer doesn't have an external drive,  and up to the buyer to buy one on his/her own dime --cheap these days such drives are, but still, not your problem but that of the buyer's if as here buys software in the form of CDs,  and what in reality the buyer bought from you is not a CD per se but, rather, the license to use arguably. In the unlikely event said buyer should file a claim which, if so, requires a return of that key, too, which quite simply buyer cannot do for reasons already discussed, and reason why eBay's money back guarantee EXCLUDES, among other things, "Digital content, Intangible goods" ,  and which would be and is in fact keeping with the general industry standard, and (strongly) argue that: this, assuming of course that, but for buyer's failure to buy an external drive (which is buyer's responsibility to purchase separately, and buyer's alone), buyer would with the key etc. you transferred/sold have exactly what they bargained for, as described and sold.

SEE, esp.,  https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy... 

[rebell45]

As @dbfolks166mt said, call see if you can report the licenses as stolen.

[bbravo65]

@lamber9347 

...you mentioned about selling a bottle of perfume...I thank you for that comment...

...finally my speculation was confirmed...!!!

[cubano4u]

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[a_valle1]

Guys I appreciate the advice you have all provided. Ebay did get back to me and as you all said unfortunately there was much that can be done. I HAVE to choose from the following:

1. Accept the return (refund once item is received)
2. Offer exchange or replacement
3. Offer partial refund/issue a full refund (let the buyer keep the item)

This is quite unfortunate for me but I chose option 3 in which the buyer accepted. At least is not a total loss, but ended up receiving significantly less for how much the buyer paid.