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?

[castlemagicmemories]

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@dilo-8873 wrote:

Roy,

I don’t assume myself to be as knowledgeable as the responders here are, but I think that what they are trying to tell you is that these are the policies (rules) - which doesn’t necessarily mean that they, or some, are in agreement with them, just that it is what it is - that’s all.

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@dilo-8873

You hit the nail on the head here, and I feel badly for the OP, and his not liking what he is hearing is understandable; however, it is what it is and the posters here are not taking it personally, no matter how many names we have been called, as no one should.

As you said, it is what it is.  That's all.  So true.

[castlemagicmemories]

 I’m just trying to recover my damages here

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So, have you contacted the people at the address your laptop was sent to?

What did they say?

Will they be sending it back to you?

I hope so!

[1966co_1]

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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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The description conflicted with the item condition.

He listened to it as used, which states the item is fully functional.

his description went on to say that it was not fully functional because the battery didn't hold a charge. That opens the door for an inad case.

[readabouthorses]

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@1966co_1 wrote:

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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. 

............................................................

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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The description conflicted with the item condition.

He listened to it as used, which states the item is fully functional.

his description went on to say that it was not fully functional because the battery didn't hold a charge. That opens the door for an inad case.

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And part of the item condition is read the description.  So if the buyer read the description, why did they not ask a question about the battery? I certainly would have.

What does this mean .. "he listened to it as used" ??

[the*dog*ate*my*tablecloth]

Pretty clear it is autocorrect for he listed it as used

[castlemagicmemories]

What does this mean .. "he listened to it as used" ??

He LISTED it as used.

[castlemagicmemories]

What does this mean .. "he listened to it as used" ??

[readabouthorses]

Thanks. I thought that was what it was but wasn't sure.

I just checked my account and I don't have any return address listed with eBay anymore. I know for certain that I put one in there but now it is gone. Another glitch we didn't know about?

[itsjustasprain]

Your whole original complaint was about returning the item to the wrong address.

Does the tracking show that the laptop has been delivered to the old address?

What have you done about contacting the people at that old address?

[lewisburggold]

No returns these days means yes i accept returns and most that have the no returns policy are losing the item and the money.  Best regards

[roy8765]

The tracking says delivered to original sender but it shows my old address as the city.  I sent a letter to my old address, no response.  I sent an email to the buyer, no response.  The buyer is a crook.  I think even if it was returned to the sender he wouldn’t say anything.

[yuzuha]

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@readabouthorses wrote:

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@yuzuha wrote:

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https://www.ebay.com/help/selling/listings/creating-managing-listings/item-conditions-category?id=47...

Right there.  More precisely, "Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended."

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If you are going to post the item condition then post it all. You left out a very important part of it:

Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used. See the seller's listing for full details and description of any imperfections.

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As I said before, a laptop that won't hold a charge for more than 30 minutes is NOT fully operational under any definition of the word.  It does not function as intended.  The buyer cannot use it the way it was meant to be used without conducting repairs by purchasing a new battery.  Because of that, it MUST be listed as "For Parts/Not Working"  (which is defined as "An item that does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components.").  It's as simple as that.

[readabouthorses]

If you are gonna show the condition then show it all.

For parts or not working: An item that does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components. See the seller's listing for full details.

Every condition is gonna refer you to see the listing which legally might make the listing a part of the condition section.

[jason_incognito]

and a battery that doesn't hold a charge isn't an "imperfection"

An imperfection would be a scratch or a ding.

[goodluckselling]

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@yuzuha wrote:

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@readabouthorses wrote:

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@yuzuha wrote:

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https://www.ebay.com/help/selling/listings/creating-managing-listings/item-conditions-category?id=47...

Right there.  More precisely, "Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended."

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If you are going to post the item condition then post it all. You left out a very important part of it:

Used: An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used. See the seller's listing for full details and description of any imperfections.

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As I said before, a laptop that won't hold a charge for more than 30 minutes is NOT fully operational under any definition of the word.  It does not function as intended.  The buyer cannot use it the way it was meant to be used without conducting repairs by purchasing a new battery.  Because of that, it MUST be listed as "For Parts/Not Working"  (which is defined as "An item that does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components.").  It's as simple as that.

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Also the buyer based on the OP's words in post #1 was that the buyer opened a return request because the battery was bad. 

• What does that mean? 
• Perhaps the battery did not even hold the 30 minutes described as? 
• Perhaps it did?

It does not really matter because the request got escalated to a case which allows eBay to make a decision on behalf of both parties and it is a very simply investigation for eBay to review the item, condition and reason for the return and that is really all that needs to be looked at in this case to approve the return request.

Lets also not forget that an item listed as used can also put in custom condition notes about the item for a buyer to see.  The OP did not do this either.

Good Luck Selling!

[yuzuha]

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@readabouthorses wrote:

If you are gonna show the condition then show it all.

For parts or not working: An item that does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components. See the seller's listing for full details.

Every condition is gonna refer you to see the listing which legally might make the listing a part of the condition section.

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That does not absolve the seller of blame for listing the item in the wrong category.  There is zero ambiguity about condition definitions for electronics, and I say this as someone who has sold numerous electronics here.  If it doesn't work properly, you CANNOT list it as "Used."  Period.