eBay took the side of the buyer again

[alternative_lab_source]

I just got a taste of the "buyers always win" practice of eBay as a seller. I am very mad about the situation, so I will share it here and see what you guys think. 

I am a top-rated seller of laboratory equipment and supplies. Since I opened the store last year, I have had 100% positive rating until this last buyer left a negative review. 

Earlier this month, a buyer  purchased a vacuum pump from me. The sold price was $999. I packaged it personally and shipped it out via UPS. About two weeks later, the buyer opened a return case, claiming that I sent some books, not the pump. I knew this was a scam right away, but since I accept returns, the return process started automatically. When I received the package, I refused to issue refund, eBay stepped in and ruled in favor of the buyer. I appealed, and then eBay quickly rejected my appeal.

I have evidence to show that I shipped the pump, not the books. Here they are:

1) The pump is very heavy, and the package with the pump was 60 lb when I shipped it. The total weight of the package with the books was only 32 lb. UPS verified the weight and dimensions of the packages during the initial scan, and UPS accepted my shipping label. I also have a video captured using my Ring camera that shows a UPS driver picking up the package. From the way the driver carries it, anyone could see this is not how a big guy carries a 32 lb package.

2) There is a minor oil stain at the bottom corner of the package. The vacuum pump uses mechanical oil.

3) The tape at the bottom was clearly tampered with when I received the returned package. The eBay water-activated tape that I used to package the pump is clearly broken and re-taped with regular tape. The buyer's photo showed that he opened from the top of the box (the side with the shipping label), which begs the question that who opened the box from the bottom and why?

4) Among the seven books that were returned, six were new textbooks namely "Mosby's Textbook for nursing assistants". The buyer is a faculty member at a medical school. Who is more likely to have these books?

I have all the photos and records to support my evidence. Not going to upload here because they may contain personal information. I didn't submit this evidence during the first appeal, because I thought an eBay agent would reach out to me to collect evidence. That wasn't the case and they refused to reopen the case, saying (here I am quoting) "The way the system was set up is that we only receive a single appeal from both seller and buyer."

Now I am left with holding the bag of about $1150 bill (item value plus shipping). What should I do?

[qeqo_0]

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@alternative_lab_source wrote:

There is certainly a possibility of the pump dropping out. I used water-activated tape along the opening and across the opening, the box is double-walled. Water activated tape is known to be stronger than regular tape.

UPS initially lost the package for a couple of days after arriving at the state of the delivery address, then delivered all of a sudden. 

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Sigh, that was when the UPS distribution center there in your buyer's state noticed 

-- 2 empty boxes

-- 7 books totaling 32 pounds, and

-- a 60 pound pump and various accessories

loose, strewn along on their conveyor belt.

Then during those 2 days, UPS repacked the 7 books into the empty 60 pound box, retaped, and delivered it.

[mam98031]

@farmalljr 

Please take me back to where I ever said this or implied it in any post I've made "Oh, so you are ok with taking a $1200 loss?".  Let's not overreact to something I've said and twist it into something I didn't say.  Totally unhelpful as well as unnecessary.

I have encouraged the OP to file a police report in a couple of my posts, but apparently that doesn't seem important to you for some reason, well until you state it.  Heck I even suggested the OP sue the buyer not Ebay.  

I'll stop here as there is so much I could say about what you seem to think I said or support, but it would not adhere to the rules we have here in the Communitiy.

[alternative_lab_source]

Thanks so much for the info! Exactly what I was looking for. 

[stephenmorgan]

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@alternative_lab_source wrote:

"The way the system was set up is that we only receive a single appeal from both seller and buyer."

Now I am left with holding the bag of about $1150 bill (item value plus shipping). What should I do?

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You have completed all the administrative remedies now if you wish to continue you must pursue the legal remedies to get the decision overturned in your favor.

Gather all the information suggested in other posts, put together your case and then present it with a Notice of Dispute with the intention of taking this to Small Claims Court or a Arbitration Hearing.

It is is the user agreement what you can do.  Review these two sections of the User Agreement.  

Notice_of_Dispute.pdf

18 Legal Disputes User Agreement | eBay

[alternative_lab_source]

I agree I should file a police report. Although it's unlikely the police going to do much, if they have another report of a similar nature, then it becomes a pattern

[alternative_lab_source]

You would allow a single transaction to set the tone for your entire business?  The current loss of $1,100 to make you decide it is not worth a yearly gross income of approximately $36,000.  Not sure why one would make that decision to leave Ebay over this one transaction!

My net sales for the past 12 months was over $100,000. Not sure where the $36,000 figure comes from. What I meant in the earlier post is that every month I sell at least one item that is over $3000. My sales are high enough to support a business with my own online store, but I understand your point, not everyone can just leave eBay.

If you are talking about suing, it would likely work out better for you if you sued the buyer, not Ebay, in small claims court. Many courts are still allowing virtual cases to be heard.

I don't have convincing evidence that the buyer committed the fraud, they are the primary suspect, but it could be UPS also. All I can prove is that I did ship the pump, and eBay's decision is clearly unfair in light of the evidence.

[alternative_lab_source]

Yes, I should let the Dean know about my suspicion. Hopefully, it is some deterrent to the scammer for future fraud.  Thanks. 

[alternative_lab_source]

Totally agree. BTW, I can't see how this is even a smart financial decision by eBay. I paid eBay more than $9,000 in FVF just this year. I thought they would take my complaint seriously solely for that reason. How naive I was. 

[alternative_lab_source]

Fantastic! Thanks for the links.

[alternative_lab_source]

From https://www.pages.ebay.com/services/buyandsell/disputeres.html#what

The mediator works to understand both points of view and to help develop a fair, agreeable settlement. If a resolution can’t be reached, the mediator will recommend a solution based on principles of fairness and good conduct.

This is referring to SquareTrade though, Does anyone have experience with this?

[alternative_lab_source]

"If I see that you come back and let us know the result of a court case, that will be the first of the 1,000 or so people who have posted here claiming they are taking eBay to court."

Actually, I think this case is not a typical dispute between sellers and buyers. We, the seller and the buyer, are essentially accusing each other of fraud, you can't even find this behavior in the seller's or buyer's protection policy by eBay. Does eBay have the right to make a verdict in a criminal case? I don't think so. If I can prove to the court that I did not commit fraud, then eBay's action of taking my money and refunding the buyer is essentially assisting with fraud. 

Any lawyer friend here who could help?

[powell-memorabilia]

Of course they are.  In no case would a seller not deduct the cost of the shipped item.  The refund is just another expense.  

[qeqo_0]

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@qeqo_0 wrote:

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@alternative_lab_source wrote:

There is certainly a possibility of the pump dropping out. I used water-activated tape along the opening and across the opening, the box is double-walled. Water activated tape is known to be stronger than regular tape.

UPS initially lost the package for a couple of days after arriving at the state of the delivery address, then delivered all of a sudden. 

---

Sigh, that was when the UPS distribution center there in your buyer's state noticed 

-- 2 empty boxes

-- 7 books totaling 32 pounds, and

-- a 60 pound pump and various accessories

loose, strewn along on their conveyor belt.

Then during those 2 days, UPS repacked the 7 books into the empty 60 pound box, retaped, and delivered it.

---

Check the original tracking details at the UPS website @alternative_lab_source 

-- in case it was weighed one last time before that delivery to the buyer

-- unless it's its weight at acceptance and never weighed again.

[alternative_lab_source]

Where does it indicate that UPS weighed the package?

10/21/2023 12:10 A.M.	Investigation Closed Your investigation has been closed with a proof of delivery.
10/20/2023 10:59 A.M.	Delivered DELIVERED Watertown, CT, US
10/20/2023 9:33 A.M.	Out for Delivery Out For Delivery Today Watertown, CT, United States
10/20/2023 4:48 A.M.	On the Way Processing at UPS Facility Watertown, CT, United States
10/20/2023 3:38 A.M.	Arrived at Facility Watertown, CT, United States
10/20/2023 2:37 A.M.	Departed from Facility Windsor, CT, United States
10/19/2023 11:42 A.M.	An investigation has been opened for your lost package.
10/14/2023 1:02 A.M.	Arrived at Facility Windsor, CT, United States
10/13/2023 8:59 P.M.	Departed from Facility Easton, PA, United States
10/13/2023 4:17 P.M.	Arrived at Facility Easton, PA, United States
10/13/2023 10:26 A.M.	Departed from Facility New Stanton, PA, United States
10/13/2023 5:38 A.M.	Arrived at Facility New Stanton, PA, United States
10/13/2023 2:00 A.M.	Departed from Facility Columbus, OH, United States
10/12/2023 11:10 P.M.	Arrived at Facility Columbus, OH, United States
10/12/2023 9:52 P.M.	Departed from Facility West Carrollton, OH, United States
10/12/2023 6:36 P.M.	Origin Scan West Carrollton, OH, United States
10/11/2023 11:15 P.M.	Label Created Shipper created a label, UPS has not received the package yet. United States

[qeqo_0]

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@alternative_lab_source wrote:

Where does it indicate that UPS weighed the package? 

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Click on View Details for @alternative_lab_source that tracking number at the UPS website.