eBay

gkhappyfarm · ‎07-03-2020

Here's What Happened in simple Steps to make things quick.

1. Buyer Received the Live Fish. "OSCAR FISH"

2. Oscar Fish are known to Lay on their Side when stressed or feeling insecured.

3. Yes, We offer Live Arrival Guarantee.

4. That is why we have a policy On the original listing saying IF there is a DOA (Dead on Arrival) then a Photo of the fish tail Chopped Off is required.

5. The Buyer opened a return request.

6. The buyer attached a few photo of the fish dead in the bag.

7. There is no telling if the fish is really dead or just laying down. A still photo of the fish laying down can really manipulate or convince you that the fish is dead even if the fish is really alive.

8. We asked for the tail chopped off photo.

9. Buyer refused to. Claiming, he want the fish to rest in peace and not chop off the body parts.

10. We said the photo is required, and the buyer is stopped responding.

11. It is nearing the end of the case time, so we contacted Ebay customer service through chat.

12. Agent says she understand the situation and do see that the original listing Does say the photo is required.

13. Agent suggest we give the customer 48 Hours to respond. If buyer does not cooperate, then contact ebay back to proceed further. We agreed.

14. After 60 Hours, we contact Ebay again, through chat (due to Covid19)

15. A new agent reviewed the last chat and the case. Claiming because it's a request not as described, they can't do anything and if buyer refuse to respond, then the case will simply expire.

16. We want the case closed because the buyer failed to provide proof the fish is really dead.

17. The agent escalated the case as Seller opened a case on the request and the agent will put the case on hold for 5 days to allow time for the buyer to provide proof.

18. After 5 days, the case closed at buyer's favor.

19. We appeal.

20. Ebay responded within 24 hours and apologize and said their decision is correct and the buyer provided sufficient proof. They will not reverse their decision because their decision is correct.

21. We email them and demand the appeal to reopen, explained the situation again.

22. Ebay Respond within 24 hours and apologize and said they have already reviewed the case and still, will not reverse the decision.

Overall, The buyer failed to provide sufficient proof that the fish is dead, even when he was asked to do so and ignored. The listing states that the photo is required. Then Ebay escalation team also failed to notice this and closed the case at buyer's favor when the proof is insufficient or not satisfying the original listing policy.

Clearly, this is a Scam. The fish costs us $15 and the buyer bought 2. Buyer Pays for shipping, but when the refund is issued by Ebay, we took a big loss on the shipping. That is over $50 in value combined loss.
We are looking to sue Ebay or the Buyer and is seeking a Lawyer for small claim.

It may cost us a lot, but at least it teaches the buyer or Ebay a lesson. Someone has to do something to protect the sellers on ebay. I am sure I am not alone.

Maybe I am wrong, too. If I am, please explain where I am wrong so I can learn from my mistakes.

Waiting for Ebay to respond again. If not satisfying, then I am going to talk to a lawyer about this.
In the meantime, I am asking Ebay community for help and did you experience something like this, too.

If yes, Put your Username down, and When I fight this, I'll fight for us all.

coolections · ‎07-05-2020

Wow, all that for one dead fish. Maybe Ebay is not for you. There is no one to sue in this sue happy world. Sorry.

city*satins · ‎07-05-2020

@froggyjump wrote:
If you aren't going to guarantee the fish are alive upon arrival, seems you are not guaranteeing your product as we are suppose to here on EBAY. You may want to get out of sending live animals

I never have, don't, and promise I won't ever sell fish or anything living.

I'm just another poster on this thread, not the original poster.

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chapeau-noir · ‎07-05-2020

@froggyjump's post was just tagging onto the end of the thread. This forum does not nest, and it automatically cites answers to the poster above.

ETA: Unfortunately, which makes things confusing - it's not a very good setup. I get into this problem all the time because I'm used to forums where this isn't a problem.

“The most common way people give up their power is by thinking they don’t have any.”
— Alice Walker

#freedomtoread
#readbannedbooks

annadryl · ‎07-05-2020

Exactly, now...

Who should we sue? Ebay or Lithium?

Somebody has to get sued here!

gkhappyfarm · ‎07-06-2020

You are as dumb as Ebay is. See, you missed the Point of our Fight! "Oscar Fish is known to Lay on their Side. A still image can fake that the fish is Dead, but in real life on the customer's end, the fish is very alive. TO PROVE THE FISH IS DEAD, Chop off the tail wouldn't hurt."

This is why we require a Photo of the Fish tail chopped off.

You are just like Ebay. Go away.

gkhappyfarm · ‎07-06-2020

The Point of Suing, is so that EBay can Hear their hard working Seller's word and side of the story. Someone needs to stand for us. I am sure some businesses has died in results to things like this. Look, This isn't the first it has happened to me. Amazon's Policies are a bit different. Amazon Customer Services would Actually ask the Buyer to provide the proof I require, and no harm done. So why can't Ebay do the same? EBay can't stand if we all stopped selling on their marketplace... They make over $2,000 off of me Each Month! Just a Low ball now--- Say there is 5,000 Sellers times that, it's about $10,000 a month from us. So a little change for us won't hurt I say.

gkhappyfarm · ‎07-06-2020

Is chopping off fish tail to prove the fish is really dead rule a violation of Ebay's Policies? Show me please.

gkhappyfarm · ‎07-06-2020

You are dumb like Ebay. You missed the point and the reason we want that picture.

city*satins · ‎07-06-2020

@gkhappyfarm wrote:
You are as dumb as Ebay is. See, you missed the Point of our Fight! "Oscar Fish is known to Lay on their Side. A still image can fake that the fish is Dead, but in real life on the customer's end, the fish is very alive. TO PROVE THE FISH IS DEAD, Chop off the tail wouldn't hurt."

This is why we require a Photo of the Fish tail chopped off.

You are just like Ebay. Go away.

We get the point. We just don't care because the point doesn't matter. eBay doesn't require that the buyer prove an item arrives damaged, dead, used, broken or otherwise not as described or promised. So an amputated tail is irrelevant to the resolution of a buyer complaint, except that it would repel a lot of buyers and deter them from ever buying from you again.

There are exceptions, but only to very high ticket items, which your items are not.

If I sell a $100 figurine and the buyer says it arrived with a missing hand, not only am I not going to be able to refuse to refund if the buyer doesn't provide me a picture of the figurine, but even if the buyer did send me such a picture, it wouldn't mean anything since the buyer's picture could be of the old, broken figurine he already owned and that he bought mine in order to replace.

Likewise, your buyer could have more than one Oscar, and keep a dead one with an amputated tail in the freezer for just such contingencies as a seller like you wanting a picture of the allegedly DOA Oscar.

Your requirement isn't eBay's requirement and even if it were, it wouldn't mean anything in terms of actually reassuring you that your oscar arrived dead.

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city*satins · ‎07-06-2020

The Point of Suing, is so that EBay can Hear their hard working Seller's word and side of the story. Someone needs to stand for us.

Lawsuits aren't known for moving the heart of the defendant. If you wan't to change eBay's mind, neither the courthouse steps nor the courtroom is the place to try to do that.

And it's unlikely that the judge or ladies and gentlemen of the jury are going to side with a seller whose very act of tying up money, court time and their time over a $60 fish are going to view the demand for photographic "proof of death" of the "if it's really dead, you won't mind mutilating it" kind. It just isn't a winning strategy, in my opinion.

Plus the basic fact that the eBay Money Back Guarantee does not tell buyers that a condition of getting their money back is that they 'alter the item' and provide photographic proof. In fact, the eBay Money Back Guarantee warns buyers that altering the item (which amputating the tail would do) nullifies the guarantee.

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