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:
Look, eBay is harming its reputation and image by doing these sorts of deeds... I used to be a long time loyal customer, but now I wish them bankrupt and gone! I'm glad that they have to pay online sales taxes now... I really hope there will be a billion dollar class-action lawsuit against them for scamming sellers like this.

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tell us how you really feel.

[audjorg0]

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@roy8765 wrote:
Look, eBay is harming its reputation and image by doing these sorts of deeds... I used to be a long time loyal customer, but now I wish them bankrupt and gone! I'm glad that they have to pay online sales taxes now... I really hope there will be a billion dollar class-action lawsuit against them for scamming sellers like this.

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No returns doesn't apply to items the buy claims aren't as a described

eBay can't determine whether a buyer is truthful or not so they allow the buyer to return the item.

Think about it, if honest buyers were forced to just accept items not as described, no one would buy here.

As for the bad return address, that is 100% on you for not updating your information.

Perhaps you can contact the folks at the old address and ask them to send the laptop to you.

[itsjustasprain]

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@roy8765 wrote:
Look, eBay is harming its reputation and image by doing these sorts of deeds... I used to be a long time loyal customer, but now I wish them bankrupt and gone! I'm glad that they have to pay online sales taxes now... I really hope there will be a billion dollar class-action lawsuit against them for scamming sellers like this.

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No. 

If the tracking shows delivered to that address then you know where it went. Now stop blaming everyone else for your own oversight and just get up and go work on getting your laptop back from that address.

[goodluckselling]

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@roy8765 wrote:
You don't need to guess! I already mentioned that the address was 11 years old.... But they should not have let the buyer return it in the first place and even if they did, they should have confirmed the return address with me. Isn't that a reasonable thing to ask?! eBay just acts like an unfair god without any oversight....

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It is easy to forget about changing an address on file.  We get it and understand how it happens.  Although you think you should have been given the chance to verify the address it has never worked that way.

The reason why the buyer was able to return the laptop is because of your listing error.  You listed it as used which is defined by eBay as =

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.

Since the issue was the battery in the buyers return request eBay went ahead and approved the return via there user agreement. 

Here are a couple links that might prove helpful to you in the future

eBay item condition definitions      also this one    2018 seller update simplified returns

Good Luck Selling!

[myescape]

No returns policy applies to admitted buyers remorse,error.If buyer reports item not as described item no longer falls under your policy and becomes a ebay buyer protection case which trumps your policy. You agree to that by listing here.You also agreed ebay mediates such cases and to abide by their decision

You also agree to have an up to date return address on file for such cases

[roy8765]

But it was clearly mentioned in the item description that the battery was bad.  The buyer just didn't care to read it carefully. Why do I have to suffer ~$300 loss for buyer's mistake particularly when I chose to sell under the "No Returns" policy? eBay is at fault here and I don't agree with your defenses. I suspect that either you're eBay employees, agents or otherwise financially benefiting from it. Also, eBay can easily confirm the return addresses just like it confirms the shipping addresses.

[kensgiftshop]

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@roy8765 wrote:

 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.

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If you had accepted the return, you could have provided the correct return address then.

Did the  buyer file an INAD, or just ask for a refund?

[roy8765]

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

[everything-from-trinkets-to-treasures]

You gave ebay permission to do what they did and to make decisions/decide the outcome of disputes. make refunds etc etc....It is in the terms of use for the site.
You cannot sue someone for something you gave them permission to do

[roy8765]

Just any buyer can claim INAD and request a refund this way....  This is WRONG!  eBay has chosen a questionable business model.  This is systemic deceipt.

[fern*wood]

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@roy8765 wrote:
They already do that for shipping address for buyers. It should be an automatic process.

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I can't figure out what kind of confirmation of shipping addresses of buyers you  are talking about.  There are plenty of buyers that don't enter their correct ship to locations and get items sent to old addresses, empty buildings, or to their uncle by mistake.   How would ebay know an address is wrong?  Sometimes people have to take some responsibility for their own actions...and information.

[roy8765]

No, eBay deceived me by the name "No Returns Accepted" policy. They should have said "Limited Returns and Refund" policy. Also, Used doesn't mean perfect. If I mention the battery is bad, they buyer should not be able to return it because the battery was bad and that's why I declined!

[roy8765]

At least they show buyers where the hell their item will be shipped! They didn't even give me that opportunity. I just got home from work and I see notification of your return was shipped....

[everything-from-trinkets-to-treasures]

This was a dispute not a return....and you gave ebay permission to make the decision and to make the refund. No where does it say ebay will decide in your favor. The answer isn't going to change.
This is ebay's policy..they told you what it is ....and you agreed. Nothing else to be done.

[jason_incognito]

If the battery is bad, you shouldn't list it as fully fuctional. There is a "parts and repair" area. maybe you should have listed it there.

You aren't being told what you want to hear. Is it sinking in?