09-04-2020 01:19 PM
I sold an item that was clearly listed "as-is". The buyer claimed the item was defective and asked for a refund. I called eBay and the rep told me that I shouldn't accept the return since it was sold as-is. When the return period closed, they automatically gave the buyer a refund without even getting my side of the story. When I appealed, they denied it saying I was required to accept the return (see attached email). In a nutshell, according to eBay, the terms of sale in your listings are pointless and you have no rights as a seller. Original listing for transparency: https://www.ebay.com/itm/184388170597
09-04-2020 01:21 PM
yep: eBays buyers guarantee by passes anything you say in your listing.
09-04-2020 01:32 PM
Unfortunately, one can state 'as-is' as much and as long as they want, but it means nothing to ebay. One can also state no return but, though ebay will not demand that the buyer return something if the seller so declares, the seller WILL still refund.
09-04-2020 01:32 PM
Sorry you learned the hard way. The policy exists... and eBay C/S is famous for giving you the answer you want to hear to take the next call and the next call and the next call...
No Returns and no refunds are two different things. The Money Back Guarantee is always a constant.
09-04-2020 01:37 PM
We all pretty much know this already.
Ebay' policies and money back guarantee for buyers trump your self-made terms of sale in your listing.
09-04-2020 02:19 PM
Sellers of electronics are very vulnerable and if a buyer is intent on scamming you with a bogus INAD, there's not much you can do. I've sold mostly electronics on eBay and there are things I try to do to minimize getting an INAD. First, I try to actually test the item as much as I can and include pictures or video links (and not simply say, as you did in your listing, that it worked perfect years ago when it was pulled out). After that, I often list the item as "as-is but with a 30-day return" meaning I guarantee it works to the extent I tested it, but if the buyer finds a defect I didn't test, then just return it. I've also used the phrase "Due to age, being sold as-is." like you did, but what I mean by that is that I guarantee it works, but if the 50 year-old radio fails after three weeks, then tough luck. If you had stated that you had no way of testing your item so it's being sold as-is, then the buyer expectation would be different than when you simply stated it worked perfect when last used. I myself am skeptical when a seller states he hasn't had time to plug an appliance in or put in a battery to test an item..
09-04-2020 02:22 PM
ebay will not enforce their own policy on the MBG so your policy matters little.
09-04-2020 02:29 PM - edited 09-04-2020 02:30 PM
@somd-surplus wrote:I sold an item that was clearly listed "as-is". The buyer claimed the item was defective and asked for a refund. I called eBay and the rep told me that I shouldn't accept the return since it was sold as-is. When the return period closed, they automatically gave the buyer a refund without even getting my side of the story. When I appealed, they denied it saying I was required to accept the return (see attached email). In a nutshell, according to eBay, the terms of sale in your listings are pointless and you have no rights as a seller. Original listing for transparency: https://www.ebay.com/itm/184388170597
You stated in the description "worked perfectly at the time." and you listed the condition as "used".
"used" means it is fully functional.
"worked perfectly" means exactly what is says.
A buyer will expect a fully functioning unit, anything less than that is "Not As Described"!
You should have listed it using the "For Parts Or Not Working" as the condition if you were not sure it was fully functional. Since you didn't a buyer would assume that it was fully functional and working and if not they are entitled to return.
Stop fighting and accept the return or eBay will do it for you in ANY similar situation.
09-04-2020 02:32 PM
@somd-surplus wrote:I sold an item that was clearly listed "as-is". The buyer claimed the item was defective
When a buyer says an item is defective, your as-is doesn't mean anything.
If the rep told you not to accept the return, they give you some bad advice, which happens often.
09-04-2020 02:50 PM
Sellers have rights, but buyer's take precedence in this case. In essence, there is no way to protect your account from a Not As Described claim. "As is" does not guard against anything as you know now. Ebay is not a "Buyer Beware" forum. If you sell an untested item that once worked but cannot be guaranteed as working now, As Is does not shelter you from the responsibility of a return. As another poster pointed out, had you sold it as For Parts Not Working, you might have had a chance at an appeal. But then you might not be able to charge as much for the item. The bottom line--it was risky selling an item as working when you could not verify that. Which is why you placed the As Is on your listing, is it not?
09-04-2020 05:14 PM
Since you used the condition of "used", and said it worked perfectly, then the "as is" is a perfectly working unit. You didn't supply a perfectly working unit, so it wasn't as described.
09-04-2020 09:38 PM - edited 09-04-2020 09:40 PM
@somd-surplus wrote:In a nutshell, according to eBay, the terms of sale in your listings are pointless and you have no rights as a seller. Original listing for transparency: https://www.ebay.com/itm/184388170597
You are correct when you suggest that a seller has little or no control when a buyer claims "Not As Described".
However:
In your listing you chose the condition "used" which for Motors: Parts and Accessories means that the item is "fully operational and functions as intended".
https://www.ebay.com/help/selling/listings/creating-managing-listings/item-conditions-category?id=47...
It is misleading to give a condition that implies the item works and then try to disclaim it away by saying it is "As-Is". Your listing has a contradiction, and when there is a contradiction the buyer gets to choose whichever of the two contradictory statements he wants.
If the buyer claims it was not operational and functions as intended, the buyer has a valid claim and you should take more care and choose "For parts or not working" when you try to sell an item you are not willing to stand behind.
09-04-2020 10:01 PM
@somd-surplus wrote:In a nutshell, according to eBay, the terms of sale in your listings are pointless and you have no rights as a seller.
Yes, ebay does not recognize any terms between you and a buyer. You are operating under ebay's terms, and so are buyers. It is pointless to say things like "I sell these as-is, no returns" or "no returns after wearing this item".
Ebay has a money back guarantee. It says buyers can get their money back if they are unhappy for any reason. There is no way around this.