eBay let buyer return an item and it was sent to a wrong address and it was lost!

[roy8765]

Around a month ago, I sold a used laptop on eBay, clearly mentioning in the item description that the battery was not good and it could hold only about half an hour of charge (to the best of my knowlege) and that returns were not accepted.  The buyer claimed that the battery was bad and requested a return which I declined.  However, eBay let the buyer return it and they even provided a return address to him which was 11 years old without asking me first and the laptop was sent to a wrong address.  I never received the laptop and for all practical purposes, the ~$250 laptop is lost!  I appealed eBay's decision multiple times and they always rejected my appeal and forced me to fully refund the buyer plus shipping.  Eventually I asked for their legal department and I'm considering suing eBay in a small claims court.  What are my options and chances of success here?  Any advice from the community and the sellers who have been in this situation?

This is a pretty clear mess up on eBay's part....  They turned a long time customer into an active enemy!  Any lawyers who would like to take this case on my behalf?

[jason_incognito]

Have you made any effort to get it from the address where it was sent?

[kensgiftshop]

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@roy8765 wrote:
The fraudulent buyer filed an INAD where it was clearly mentioned that the battery was bad and therefore I declined the return.

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When a buyer files an INAD, seller only has one choice, that is to accept the return and provide return shipping.

You got lucky when Ebay had the buyer return the item.

Sometimes when a seller has a no return policy and they decline an INAD, Ebay will refund and let the buyer keep the item.

[roy8765]

This was fully functional when I sent it out. Just the battery held charge for ~30 mins and this was clearly and honestly mentioned in the description (to the best of my knowledge). Why did eBay trust the buyer and not me?! I have been a 14+ year customer with excellent record.... I still think eBay is at fault here. I have the impression that eBay pays you guys to troll the dissatisfied sellers here.... eBay is on a downward spiral.

[roy8765]

No, I left that address 11 years ago! And it's ~1100 miles away.... I asked the USPS to return it to the sender but I suspect they didn't because the online tracking says it was left on the porch on that city.

[jason_incognito]

I am sorry that you feel that way.

We know what is going on around here and we aren't naive about it.

I have read the UA and it's scary, but that's what it is.

Your item was fully functional, but.......

The description means very little. All those boxes you have to check means much more. Things like where you clicked that it was in good condition. Are you aware that on eBay mobile the item description isn't even obvious? It's under "seller notes" and you have to click on it. Most don't. They rely on the fact that eBay defines used and that a computer with a bad battery would be in parts / repair. It needed to be repaired to work as intended.

If you intend to ever sell something here, I would advise you do some reading before listing and understand how eBay will respond in the event something goes wrong.

[roy8765]

Sorry doesn't mean anything. This is hard cash business. I'll never ever use eBay again and will actively advise my friends about what happened to me. The fact is that "No Returns" policy is a scam and that any buyer can claim INAD. eBay thinks that since they've put this in the agreement it's enough, but when they use a deceiving terminology, they may still be legally on the hook. And I will purse this route for the good of the community. eBay has pi$ed me off bad enough to go to that length.  They basically messed with the wrong guy!  If any lawyers is reading this please contact me.

[southern*sweet*tea]

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@roy8765 wrote:

This is hard cash business.

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WRONG

When you sell online, there is no such thing as "cash business".

If you sell anywhere that accepts ANY form of online payment other than cryptocurrency - Paypal, credit cards, debit cards, etc. - then you can be on the hook for up to 180 days or more.  Yep, that's SIX MONTHS that you cannot consider the money yours.

Most debit cards, if they're worth their salt, give 60 days buyer protection.  Paypal gives buyers 180 days buyer protection. Credit cards give AT LEAST 180 days buyer protection. It is what it is, and it's the truth. Informed buyers have ALL the advantage when it comes to online buying and online payments.

The only way to "sell safe" is to sell in person and accept cash upon delivery. (and even that can be unsafe)

[roy8765]

So, you're saying it's not just eBay that says "buyer is always right". Online selling by default means "buyer is always right"?!

[18704d]

" The fact is that "No Returns" policy is a scam and that any buyer can claim INAD. "

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And all sellers can (should) cleary see ...

that on all their listings, right under their No Returns, it says

"Seller does not offer returns.
Refer to eBay Return policy for more details. You are covered by the eBay Money Back Guarantee if you receive an item that is not as described in the listing."

That means, sellers must understand,

how the Money Back Guarantee works.

It's not a "scam" if they forewarned you about it.

Lynn

[roy8765]

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@18704d wrote: 

You are covered by the eBay Money Back Guarantee if you receive an item that is not as described in the listing.

Lynn, the whole point is that my item was as described in the listing. eBay should not have allowed a return to begin with.... Buyers can always claim INAD and that's why it indeed is a scam.

[roy8765]

Basically "No Return" policy does not exist! Even using that term is misleading. It should be "Limited Return and Refund" policy. Even as such, if the buyer lies and files INAD, still can return anything.... eBay should just come clean and say sellers must accept returns.  But in that case a lot of sellers will leave eBay for other platforms and they don't want that....  THIS IS WHAT A SCAM LOOKS LIKE!

[18704d]

"Lynn, the whole point is that my item was as described in the listing. eBay should not have allowed a return to begin with..."

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How does eBay know that?

What if,

I was a seller, and you bought a No Returns laptop from me?

And .. I never sent you the laptop pictured in the listing.... instead I sent you a phone book.

What then?

Do you, as a buyer, wish to lose hundreds because the listing was No Returns... and

the seller swears on a stack of Bibles that they sent the laptop?

Thanks,

Lynn

[18704d]

"But in that case a lot of sellers will leave eBay for other platforms and they don't want that....  T"
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eBay gives 30 days of Not As Described protection.

Are you aware, that Paypal .. offers a full 180 days of NAD protections?

And for websites that only take credit cards.. most banks give 180 days too?

So even on other platforms, this is a major factor to consider.

It's not eBay doing this.

Thanks again,

Lynn

[the*dog*ate*my*tablecloth]

You listed it as used which means “fully functions as intended”. You admitted the battery was bad so the used condition was untrue and you violated the contract. Buyer is entitled to return for a full refund.

[nowthatsjustducky]

Battery condition feels like it should be a gray area.  After all, a laptop does not require a battery to run, due to its most common state being running on house power as if it was a desktop.  So the laptop was fully functional.

That would be like selling a portable radio that has its power cord but no batteries included.  It still works as intended, the battery is just really an optional extra.  Would anyone expect a radio sold without batteries to be listed as for parts / not working; since it does not come with one of the two ways it can receive power?