Help! Unauthorized return / Item damaged during return / Buyer now falsely claiming Incorrect Item

[hwarang_co]

Hey all.  Hoping for some feedback and suggestions.

BLUF: A buyer conducted an unauthorized return, and the item was damaged during this unathorized return (the buyer repacked the item in a different box, which arrived crushed).  The buyer has now, after the fact, opened a return request for "Incorrect Item."

How should I proceed?  If I accept a return request (since I already have the returned item), is there an option to refuse to refund or to offer only a partial refund due to the returned item not being in the original condition?  My policy was no returns for this item.

I have proof the buyer is lying, and I've already reported the buyer for making a false claim.  I have a statement from the buyer acknowledging that he repackaged the item and also stating he doesn't believe I received the item damaged because of how well he packaged it.  This statement is directly at odds with his return request, which states that he received the wrong item.  I also have photographic evidence to support that he is lying.

The ebay rep I spoke to says nothing can be done and my only choice is to provide a total refund--even though there is proof the buyer is lying and is also responsible for the damage (which was sustained during an unauthorized return).

[dede394]

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@hwarang_co wrote:

my only choice is to provide a total refund--even though there is proof the buyer is lying and is also responsible for the damage

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And you will, as soon as your buyer mails the damaged item back with the return label you're about to issue with the address the the item is actually supposed to be returned to.

As soon as it is delivered back to that address, you have 2 business days to refund your buyer, or eBay may force a refund after tracking shows delivered.

[dede394]

Decision: We were unable to refund you for your item.

Comments: You returned the item without authorization from the seller or eBay.

[hwarang_co]

Well the return label won't be used since the item was already returned.

And what happens when an item returns damaged by the buyer / damaged during return shipping?  There's got to be some mechanism for those situations, right?  I mean, ebay's been around for decades now...

Even if the buyer claims incorrect item (which is a lie), that doesn't alleviate the buyer's responsibility to return the item in the original condition.  Especially when the buyer decides to use a different method of shipping instead of the provided packaging and  return label...

[hwarang_co]

What was the background/process for winning the case for unauthorized return?  The ebay rep I spoke to made it seem like I don't have a choice but to accept the return, since the buyer claims "Incorrect Item"

[computeraidllc]

I would accept the return and have eBay issue a label. The buyer has several days to actually use the label. If they don't use the label, you can call eBay and have them close out the case due to the buyer not shipping the item back with that label.

I know the buyer has already sent you the item but because they did that, they went around the return system eBay has. The buyer is suppose to open a return first, then get the label from you thru eBay and use that label to ship it back. When that label shows as delivered you have 2 days to refund the buyer or call eBay to escalate to a claim.

[vintagecraze50]

Their is an option for sellers who offer free returns to deduct up to 50 percent when a buyer sends back damaged item, but only when you are a seller who offers this.  I have buyers sending me back stuff at times  and not using my label and at times not even opening a return request. When I get the item back I just refund. because  I offer free returns if they send me back damaged goods then I can deduct for that.

In the situation where a package comes back damaged from the buyer, there is usually not much that cash be done. If, however that package had any insurance on it you could POSSIBLY collect for that since it was damaged in transit. 

[hwarang_co]

I had full insurance on the package that I sent (FedEx).  

Buyer sent it back USPS Priority flat rate, so there is at least $50 of insurance on it.  But to claim a USPS refund, don't I need the USPS receipt (which the buyer has)?

The USPS flat rate box is what came back crushed.  Looks like it was at the bottom of the truck and a bunch of heavy boxes got thrown on top of it.

[kensgiftshop]

If buyer claimed you sent the wrong item, they are covered by Ebay MBG.

About all you can do, since they have sent the item back is to issue a full refund.

[kensgiftshop]

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@hwarang_co wrote:

Buyer sent it back USPS Priority flat rate, so there is at least $50 of insurance on it.  But to claim a USPS refund, don't I need the USPS receipt (which the buyer has)?

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Since the buyer paid to ship the item back, they are the ones covered by the USPS insurance.

[hwarang_co]

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@kensgiftshop wrote:

If buyer claimed you sent the wrong item, they are covered by Ebay MBG.

About all you can do, since they have sent the item back is to issue a full refund.

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True, but per ebay's MBG policy, buyers who engage in fraudulent claims and abusive buyer behavior can lose the Ebay Money Back Guarantee. This is a pretty clear case of the buyer engaging in fraudulent claims and abusive buyer behavior.

[valarry2012]

There really isn't much you can do but eat it. Just had a buyer buy a electronic magnifier for vision impaired. Had pictures of item and sizes of screen. I offered free shipping. they received the item, said the screen was too small and asked for a return even though I offer "No Returns". eBay sided with buyer, as usual. Buyer just threw the magnifier in a box and shipped it. Box was tore up and so was my magnifier. Buyer had sent the magnifier USPS with insurance. eBay made me lose my shipping and return the money to buyer although buyer had insurance on item. Then last week, a buyer offered a lower price for an antique oil lamp I was selling. Listing showed pictures and description including the words "NO WICK". I told buyer he could have the lamp for that price but without the glass chimney. He messaged back that he wanted the complete lamp. I made another offer dropping the price a couple of dollars and oncew again said there is "NO WICK". He buys the item and then starts a return. My listing clearly stated "Seller Offers No Returns". His reason for return? No wick. He was expecting me to let him keep the lamp. I figured that with the listing and the messages showing that the buyer was well aware that there was "NO WICK" I would win the case. Surprise, surprise, eBay sided with buyer. eBay Teammate says he understands I am right but eBay leans more toward the buyer to keep buyers happy. So, I lost $38 on shipping. eBay is very pretty free when giving away the "Seller's" money. They wouldn't be so gracious if they had to give back their money. eBay knows they have the "Seller" by the goods" and really doesn't care much about them. It's just that simple.

[hwarang_co]

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@valarry2012 wrote:
There really isn't much you can do but eat it. Just had a buyer buy a electronic magnifier for vision impaired. Had pictures of item and sizes of screen. I offered free shipping. they received the item, said the screen was too small and asked for a return even though I offer "No Returns". eBay sided with buyer, as usual. Buyer just threw the magnifier in a box and shipped it. Box was tore up and so was my magnifier. Buyer had sent the magnifier USPS with insurance. eBay made me lose my shipping and return the money to buyer although buyer had insurance on item. Then last week, a buyer offered a lower price for an antique oil lamp I was selling. Listing showed pictures and description including the words "NO WICK". I told buyer he could have the lamp for that price but without the glass chimney. He messaged back that he wanted the complete lamp. I made another offer dropping the price a couple of dollars and oncew again said there is "NO WICK". He buys the item and then starts a return. My listing clearly stated "Seller Offers No Returns". His reason for return? No wick. He was expecting me to let him keep the lamp. I figured that with the listing and the messages showing that the buyer was well aware that there was "NO WICK" I would win the case. Surprise, surprise, eBay sided with buyer. eBay Teammate says he understands I am right but eBay leans more toward the buyer to keep buyers happy. So, I lost $38 on shipping. eBay is very pretty free when giving away the "Seller's" money. They wouldn't be so gracious if they had to give back their money. eBay knows they have the "Seller" by the goods" and really doesn't care much about them. It's just that simple.

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To follow up on this case, ebay advised me to issue a partial refund through paypal, which I did.  The buyer, obviously, is unhappy with a partial refund and has sent me multiple threatening messages.

I have repeatedly offered my assistance in case the buyer wishes to file a claim with USPS (since he used Priority Mail), including offering to provide documentation and evidence of the damage as well as preserve the item and shipping box in case USPS requests to inspect the item.  The buyer has ignored these overtures and continues instead to threaten me and accuse me of dishonesty.  It's a very strange situation.

In any case, all I can do now is wait.  Tomorrow is the last day before the buyer can ask ebay to step in and help.

[fishman7296]

sorry for you just spent over an hour on phone with e bay about my friends phone with parts taken out and 2 phone damaged then returned.e bay said I quote if you have video proof of him doing it we can do something other then that that they get all money back.I then said to e bay so he committed fraud and now e bay is going to give him money back thus committed fraud to.I also told the guy on phone how he would feel if he sold a 1,000 in phones and someone took all the parts then returned them to him and got all there money back how would he feel.I then told him since e bay wont do nothing I was going to buy stuff and take all the parts I wanted then return them get my money back and sell all the parts because e bay don't care about backing up seller's so hey I can get away with it to. the bottom line is e bay don't care AT ALL ABOUT THE SELLERS NOT AT ALL. E BAY IS ALL ABOUT E BAY AND GIVING THE BUYERS 1,0000000% POWER. so just get used to it because you will have to take losses that are not you're fault due to e bays **bleep** treatment of sellers.I did ask the guy to think about it when he goes to be tonight about the e bay policy he is using and the worst part is we told e bay the guy sells cell phone parts on e bay guess he will be selling all the parts he stole from her phones on there to.then my friend said after we got off phone she no longer wants to sell on e bay so now e bay is going to lose money and I wonder how many people a year they **bleep** off and people stop selling on there.I sell over 20,000 a year and have had to eat some items to because e bay also sold me down the road but some day I will find somewhere that they stick up for the sellers. sorry again to hear you had issues with e bay but get used to it if you're selling on there.

[hwarang_co]

Update:

Ebay just ruled against me and refunded the balance to the buyer.  When I called to appeal, the ebay rep told me that the decision cannot be appealed!  I am waiting for an Ebay supervisor to return my call.

To summarize full details:

a) There is proof the buyer's return request reason ("Wrong Item Received") was untrue

b) There is proof the buyer received the correct item and there were no issues with it when he received it.  (There is ebay message traffic where the buyer acknowledges this).

c) There is proof that the buyer switched the item packaging and returned it using his own chosen shipping service (There is ebay message traffic where the buyer acknowledges changing the packaging).

d) The item was damaged during the return.  The box arrived crushed.

e) Ebay reps advised me that the buyer was responsible since he conducted an unauthorized return and paid for the return shipping.  However, since I had received the item, I should issue a partial refund through Paypal.

f) I did as advised and issued a partial refund through Paypal.

g) Once able to escalate the case, I asked ebay to step in and help because the return was not received in the original condition.  Also, I had already issued a partial refund.

h) Instead, Ebay refunded the remaining balance to the buyer

i) Ebay now says they ruled against me because I am not eligible to issue a partial refund so I am not protected even though I did exactly what Ebay reps advised me to do and there is proof the buyer lied about the return reason and is responsible for the damage

j) Furthermore, Ebay says no appeal is possible and the decision is final.

This is ludicrous.