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Buyer used money back guarantee for defective cpu, but cpu works fine.

I received the supposedly defective cpu back from the buyer, tested it, and everything is fully functional. (I recorded all of this testing) The cpu was brand new and factory sealed. Now it's used and has a lower value.

 

In the messages I have from the buyer he does mention nothing shows up on the screen when the cpu is powered on in his computer, which does not make sense considering the cpu does not have onboard video. 

 

He's clearly running an eBay flipping electronics store, and couldn't sell the cpu in time, or if he was planning on overclocking the cpu he got a better clock rate with one of the other cpus bought. 

 

I'm going to report him for mail fraud. Are there any other legal filings I should issue to present to ebay when I report the buyer? 

 

Is there anything I can do for reporting the buyer to ebay? Do I still have to give the refund? 

Message 1 of 15
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14 REPLIES 14

Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

If you have the CPU back again, you have to give the refund. Or Ebay will step in and force you to give the refund anyway.

Message 2 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

I can still report them? 

Message 3 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

Yes you can still report them.  

My newbie alter ego 🙂
Message 4 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.


@sealclubberrwrote:

I received the supposedly defective cpu back from the buyer, tested it, and everything is fully functional. (I recorded all of this testing) The cpu was brand new and factory sealed. Now it's used and has a lower value.

 

In the messages I have from the buyer he does mention nothing shows up on the screen when the cpu is powered on in his computer, which does not make sense considering the cpu does not have onboard video. 

 

He's clearly running an eBay flipping electronics store, and couldn't sell the cpu in time, or if he was planning on overclocking the cpu he got a better clock rate with one of the other cpus bought. 

 

I'm going to report him for mail fraud. Are there any other legal filings I should issue to present to ebay when I report the buyer? 

 

Is there anything I can do for reporting the buyer to ebay? Do I still have to give the refund? 


Where exactly is the Mail Fraud?

 

Some buyers lie so they don't have to pay the return shipping.

 

Yes, you have to refund. You have the item back.

Message 5 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

I believe falsifying the return information violates interstate commerce laws. I've also read filing legal papers can help ebay side with the seller. At the very least I'm going to sue him through small claims court, and attempt to garnish wages.

Message 6 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.


@sealclubberrwrote:

I believe falsifying the return information violates interstate commerce laws. I've also read filing legal papers can help ebay side with the seller. At the very least I'm going to sue him through small claims court, and attempt to garnish wages.


You read wrong. Your small claims suit will likely go nowhere since you received back a working CPU in the same condition it was received in.



One life is all we have to live
Love is all we have to give

**Formerly known as MissJen316**
Message 7 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.


@sealclubberrwrote:

I believe falsifying the return information violates interstate commerce laws. I've also read filing legal papers can help ebay side with the seller. At the very least I'm going to sue him through small claims court, and attempt to garnish wages.


For what reason? You got the item back in working order as you stated here:

 

"I received the supposedly defective cpu back from the buyer, tested it, and everything is fully functional."

 

No laws were broken.

 

Ebay will not side with you. You accepted the return, the buyer returned the item.

 

Either you refund the buyer or Ebay will and take the money from your account.

 

You can't win this one.

 

Refund and relist the CPU.

 

 

Message 8 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

He devalued the cpu by opening a factory sealed box.

Message 9 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.


@sealclubberrwrote:

He devalued the cpu by opening a factory sealed box.


So what? It’s still not mail fraud and you will lose a small claims case. But if you want to spend the money to travel to his location to file the case & attend a hearing, go ahead.



One life is all we have to live
Love is all we have to give

**Formerly known as MissJen316**
Message 10 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

I understand you are angered by the situation. At the moment, have you realize that maybe the cpu you sold him may not be compatible with his motherboard or his current BIOS version may not support that cpu yet. That may be the reason why he couldn't get it to POST? We are not saying he is lying, but there could be a legimite reason why he returned it to you under a INAD claim. Some people may not be as tech savage as you may be. So depending on your advertisement, you may be at fault for not pointing out that the processor you have may not be compatible with all motherboards of that socket type. 

Message 11 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.


@sleepy_changwrote:

I understand you are angered by the situation. At the moment, have you realize that maybe the cpu you sold him may not be compatible with his motherboard or his current BIOS version may not support that cpu yet. That may be the reason why he couldn't get it to POST? We are not saying he is lying, but there could be a legimite reason why he returned it to you under a INAD claim. Some people may not be as tech savage as you may be. So depending on your advertisement, you may be at fault for not pointing out that the processor you have may not be compatible with all motherboards of that socket type. 


I have all of the motherboard information listed in the auction. Also it's the processor that launched with the motherboards, highly doubt the bios wouldn't work with it. I did some snooping on the individual and he has a checkered past through his online business. Definitely does not present as the most scrupulous individual.

 

I did call customer service, and the representative claims eBay sided in my favor. He told me to refund through PayPal, minus shipping and the buyer wouldn't be able to leave negative feedback.

 

He gave me a reference number, but wouldn't give me a name. (Just told me his name was 'm')

 

I'm a bit confused by the whole ordeal since different parts of ebay give me contradicting refund due dates. 

Message 12 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

I think I could probably give you better advice if I could see the original listing.

 

But, you do have two angles you can argue if you or the Buyer ask eBay to step in and decide the case.

 

1.  Did you deliver EXACTLY what was described in the listing, in a timely manner, to the Buyer?  If so, you have fulfilled your obligation to the Buyer.

 

Discussion:  when presenting this argument to eBay, you must do your homework because the eBay reps will not know anything about the technicalities of processor chips, you will have to hand-hold them every step of the way.  You must explain and document that the particular chip you sold does not support on-board video, and the fact that (a) the Buyer did not know that, and (b) Buyer's principal complaint that when installed nothing comes up on the screen at bootup, actually PROVES (a) the Buyer did not do the proper research and assumed that your chip would work in their motherboard when it in fact will not, and (b) the as-described processor chip is incapable of generating video.  Again I have not seen your listing but it would be a BIG plus if your original listing stated that the chip does not have on-board video and that a separate video card is needed with that chip.  You have to get across to the eBay decider that the problem here is not that you sent a bad processor chip or decribed one type of chip and sent another----you have to get them to understand that the problem was that the Buyer did not know enough to select the correct processor.   This argument can be made stronger if you can find out what model of motherboard the Buyer is using in their computer, and demonstrate to eBay that particular motherboard and processor chip combination requires a separate video card.

 

Then try to come up with an analogy they can comprehend---say the item was a clothes iron.  This is like a person buying a clothes iron and assuming it has a steam feature when it does not have it.  Because the Buyer can't get the iron to produce steam is not because the iron is broken, it's becasue they bought the wrong iron for their needs.

 

2.  The Buyer removed the item (processor chip) from the original factory sealed package and installed the processor into a motherboard, then into a computer, and then fired it up.  Therefore, the item changed from "new" to "used" and thus lost value.  Not to mention that the item returned by the Buyer is significantly different from what was sent.

 

Discusssion:  This argument can be bolstered if you can show that your particular processor chip sells for a significantly lower price when it is used versus when it is brand new in sealed factory packaging.  Another approach is that when you are presenting your case to the eBay decider, turn the tables and ask the rhetorical question, "How would eBay have handled this if I had listed a brand new processor chip and sent them a used one in an open box?  EBay would not like that and find for the Buyer, right?  So how is it OK for the Buyer to send me back a used processor chip?"  In eBay-land, this is a weaker argument because eBay will likely counterargue that you as a Seller have to be prepared to take losses like what happens when a new item comes back used.  You can try to counter-counter by stating that it was clearly the Buyer's error (see #1 above) that created the issue and all you did was provide the EXACT item that you described in the listing.

 

IMHO, forget about taking anyone to court or even mentioning that when speaking or writing to eBay.  They must hear that a hundred times a day.  Also, refrain from speculating about the Buyer's motives, concentrate on what is obvious---that the Buyer incorrectly chose your chip for their application.  Concentrate on emphasizing that you delivered the as-described item in a timely manner and the Buyer's error is what created this problem.

 

Good luck, you're gonna need it!

Message 13 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

There’s nothing for OP to fight. The buyer gets a refund period. He returned the CPU in working condition. OP has to refund. He can’t get out of it.



One life is all we have to live
Love is all we have to give

**Formerly known as MissJen316**
Message 14 of 15
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Re: Buyer used money back guarantee for defective cpu, but cpu works fine.

I got the impression that OP's situation was still in flux, that the final decision had not yet been rendered.

 

It was over 2 hours between when I started that post and when I posted it (phone calls!!!) so it looks like OP was told something by either eBay or PP in the meantime....... 

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