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]

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@roy8765 wrote:

I understand what they’re saying, but the faulty battery was already priced in the laptop.  The buyer could have bought another laptop that didn’t have this issue.  Why did I have to pay AGAIN for that defect?  Why eBay let the buyer to return it based on a disclosed issue?  I’m done selling on eBay ever again.  I’m just trying to recover my damages here and help the other sellers in my situation.

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[readabouthorses]

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@jason_incognito wrote:

the listing description is in many ways the equivilant of fine print. 

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Which is why, on every Item Condition section eBay tells you to read the listing description.

Personally I think both buyer and seller are at fault here. There were too many mistakes made by both of them.

Has the Money Back Guarantee made buyers so lazy that they feel they don't even need to read the listing descriptions anymore?

[the*dog*ate*my*tablecloth]

It doesn’t matter if the buyer is partly at fault here, they don’t suffer the consequences, the seller does. That’s why sellers need to be very precise when they list. They should choose the correct item condition and put any issues in the title. Descriptions are hard to read on mobile.

[readabouthorses]

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@the*dog*ate*my*tablecloth wrote:

It doesn’t matter if the buyer is partly at fault here, they don’t suffer the consequences, the seller does. That’s why sellers need to be very precise when they list. They should choose the correct item condition and put any issues in the title. Descriptions are hard to read on mobile.

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I wouldn't have any idea what listings look like on mobile. I don't own a sillyphone.  And even if I did I would not be buying stuff online where I need to read the description and using a stupid mobile phone where it doesn't show me everything. I don't think "the phone made me do it" is a valid excuse.

[mycarolinavintage]

Someone correct me if I am wrong: You can not sign away your right to sue.

[mycarolinavintage]

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@roy8765 wrote:
I clearly had mentioned that the battery was not good. Why should I have to pay for the carelessness of the buyer? Also, why doesn't eBay confirm the return address with the seller first?

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I am agreeing with you about the reason for the claim. If you clearly stated the problem, what is the problem? I don't agree that ebay should be responsible for verifying our information. I think that is our responsibility.

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energy flows where attention goes

[mycarolinavintage]

As a buyer, I would definitely have asked about the item description before buying. ... Working well.  There's a small cosmetic crack on the front as can be seen in the 3rd picture.  The battery holds charge only for about half an hour.) So it would work well for "about" a half an hour at the time? And how long to charge the battery? As a seller, I probably would not have listed it. That being said, I still stand by you about the unfairness of ebay allowing the refund because of the battery issue. But of course it was not the buyer's fault for getting exactly what he purchased. Oh please.

My advice to you is to take a deep breath and let it go. 

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energy flows where attention goes

[mycarolinavintage]

But.....Per the original post and the listing info. The item was as described.

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energy flows where attention goes

[mycarolinavintage]

For the bazillion and one comments here,

Shouldn't the fact the OP stated in plain English that the battery only had about a half hour life when charged make some difference here? I surely am missing something. 

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energy flows where attention goes

[readabouthorses]

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@mycarolinavintage wrote:

For the bazillion and one comments here,

Shouldn't the fact the OP stated in plain English that the battery only had about a half hour life when charged make some difference here? I surely am missing something. 

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energy flows where attention goes

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That was my concern as well ... why are we even spending time writing descriptions if the buyers don't have to read them. Would save me tons of time with my listings.

Also, since the OP never got the laptop back we are not totally sure the buyer sent back a laptop .. or sent back the same laptop.

And I would have probably bought the laptop anyway because the last laptop I had I actually took the battery out of it, plugged it into the wall and used it on my desk ... I never had any intentions of using it as a portable unit.  I gave it to my daughter and guess what, she also just uses it on her desk and not as a laptop.

[starroute-us]

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@roy8765 wrote:
Return address is different than seller address. It uses my up-to-date address for shipping labels.

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Yes they can be, although IF you knew that why didn't you update your address for returns when you updated your address for your shipping labels?

No returns on a listing is for remorse return request, which you can deny. 

Sellers are required to describe items correctly and if they do not (or the buyer believes they did not) the buyer is entitled to file *not as described* under the MBG and they are always allowed to return for refund when the case is escalated.

Ebay does not have to write to you and reconfirm that you have your information up to date every time a buyer wishes (demands) to return an item for SNAD.

I disagree with a lot of policy here, although this one is a no brainer for me to follow to protect my interest.

BTW
Buyers are responsible if they enter an incorrect address for shipping as well.
http://pages.ebay.com/help/pay/shipping-problems.html
"It's the seller's responsibility to ship the item to the address on the eBay Order details page or the PayPal Transaction Details page. It's the buyer's responsibility to have the correct address on his or her transaction."

[dilo-8873]

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@readabouthorses wrote:

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@mycarolinavintage wrote:

For the bazillion and one comments here,

Shouldn't the fact the OP stated in plain English that the battery only had about a half hour life when charged make some difference here? I surely am missing something. 

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energy flows where attention goes

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That was my concern as well ... why are we even spending time writing descriptions if the buyers don't have to read them. Would save me tons of time with my listings.

Also, since the OP never got the laptop back we are not totally sure the buyer sent back a laptop .. or sent back the same laptop.

And I would have probably bought the laptop anyway because the last laptop I had I actually took the battery out of it, plugged it into the wall and used it on my desk ... I never had any intentions of using it as a portable unit.  I gave it to my daughter and guess what, she also just uses it on her desk and not as a laptop.

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Admittedly, I do not know the buying policies - is there one that says “it is incumbent upon, or the responsibility of, the buyer to read the full description of the item before purchasing”? If not there should be IMO!

[castlemagicmemories]

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@roy8765 wrote:
You didn't answer my question: Is a Used laptop supposed to have a 100% capacity (i.e. new) battery even if it is clearly mentioned otherwise in its item description?! The buyer got exactly what was described and what he'd ordered, yet he was allowed to return it.

I'm sure if eBay is found guilty of misconduct in this forced return case, it doesn't matter that I didn't have an updated return address. Any way they will have to reimburse my full expenses (~$300) plus some. (Possibly a lot lot more than that!) This is a trouble that eBay has caused for itself by its incompetence. Trust me, I'm no naive person. If I know I have a good legal case I'll pursue it to the maximum extent possible under the law.

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We need to stop beating that poor dead horse!

You admitted in the listing it didn't function as intended and that has been posted repeatedly.

You were required to change your address and you didn't and that has been posted repeatedly.

Regarding this:  I'm sure if eBay is found guilty of misconduct in this forced return case,

They won't be.

Regarding this:  If I know I have a good legal case I'll pursue it to the maximum extent possible under the law.

You don't.  

Sorry.

[castlemagicmemories]

I suspect many of the active responders here have some affiliation with eBay.

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Wrong again.  

OP, you have been repeatedly told what you did wrong.  You are not innocent and the mistake you made on choosing used when you shouldn't have drove this situation.  The mistake in not updating your address drove the rest of your problem, not getting it back.

Many people can't admit when they are wrong and take responsibility.  We get that.  We know you don't like what you are hearing.  We get that as well.  But your not liking it does not change the facts.

You said you are going to tell all your friends.  That may not be a good idea, because while they may not tell you to your face the same things you have read here, they may at least think them.  That will damage you in their eyes.

If they are familiar with Ebay, they may know that used means fully functioning.  Yours wasn't.  Anyone anywhere knows to update their address when they move.  You didn't.  While they may sympathize outwardly, inwardly they may be thinking, seriously?!

Wishing you luck.  The added law expense to pursue something like this will just make the financial burden harder, without any good conclusion for you, but I know you are well versed in law so much luck to you.

[castlemagicmemories]

It would be in your best interest if you pursued getting the laptop back from where you had it sent to.

That will at least soften your financial loss.

No one here is happy you lost your laptop.  They are just stating why you did.

Best of luck to you, OP.  Sorry this happened.  

In buyer seller situations, yes, you are right~the buyer should read.  BUT the onus and responsibility to have everything, including condition, in the listing be correct is on the seller, and it is for the seller's protection that the seller makes sure he has created a completely, not partially, accurate listing.