Lack of actual buyer/seller arbitration is hurting sellers.

[theextantword]

Many understand that current ebay policies are decidedly buyer centric.  But one of the clear areas were eBay is violating its own agreement with website users is in arbitration.  I have had it confirmed by several eBay service personnel that all requests for not as described returns result in a decision for the buyer should a case be opened.  It isn't actually arbitrated with evidence.  Instead it is an automatic system procedure to close the case for the buyer and force the seller to have to argue it in appeal.  That is not arbitration, that is automation and is a breach of user agreement and would thus nullifying the rest of the contract, (the class action clause). 

Worse still if a buyer or seller contacts ebay for any reason in regard to the request a case is automatically opened.  I called and specifically asked not to open a case, I just wanted to know what I should do given the buyer has not responded.  The tech swore a case would not be opened until we heard from the buyer and further that if one was opened I would have a chance to respond.  An hour after hanging up a case was opened and immediately closed in buyers favor.  The buyer had provided no comment or evidence for their dishonest claim.  It is  an automated system.

Given this, It would be nice, though maybe a fantasy, to bring class action against eBay for violation of agreement.  Even so there are some things sellers should be aware of:

1. If you get a INAD and you missed something or messed up, approve the return as soon as possible.  Most honest sellers are on page with this.

2. If you get a INAD you disagree with and the buyer provides no evidence to the contrary, do NOT approve the return.  This could be used against you in the appeal claim.  If you offer general returns then message the buyer asking them to return the item and provide an address.  If you don't offer returns simply message the buyer stating you do not accept buyer remorse returns.

3. It is now in the buyers corner to open the case, don't do their work for them by contacting eBay and having a case open automatically.

4. You as a seller will always loose a INAD case at this point, always.  Because it is not arbitration but an automatic system.

5. Wait for the return to process and then call for the appeal.  If the buyer uses the ebay supplied return label the refund happens automatically, you can't stop it.  If they didn't you could call when you get the item back but before a refund is processed.

6. Call the appeals group which may or may not be the same as the front line service rep. I don't know.  Sometimes I think they act like you are getting transferred to another department but you are not.  It is important, through all of this, to remain calm.  You are being treated unjustly and dishonestly by eBay but you can't just scream in the phone.  If you have to, scream, yell, cry, pull your hair out, etc. before you make the call.  The reps will lie to you.  When it does happen try to use it to get a compensatory coupon if possible.

7. After you prove your case, insist on a credit of the return shipping cost, a credit for the original shipping which should not have been refunded, a credit for the restock fee (though mute as of now), and removal of the the defect count from your seller record.  Have the rep send you an email stating what is going to happen and do not get off the line until you have it.  Ebay service reps do not follow through.

8. Should you win great.  I have done it myself but it is a Pyrrhic victory. You may get the return shipping fee rescinded, and a credit for original shipping which shouldn't have been refunded but this does not come from the dishonest buyer.  They still get a 100% refund.  Instead every seller pays for it corporately, that is why buyer centric polices, especially in returns, are driving up seller fees.  We all pay for it.

To reiterate it is not arbitration if before appeal it is completely automated to decide for the buyer.  And during appeal it is not arbitration because it is between the seller and eBay.  If the buyer is not involved and cannot have a negative decision in regard to an INAD return then no arbitration is actually taking place.

[robot-hands]

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@theextantword wrote:

Many understand that current ebay policies are decidedly buyer centric.  But one of the clear areas were eBay is violating its own agreement with website users is in arbitration.  I have had it confirmed by several eBay service personnel that all requests for not as described returns result in a decision for the buyer should a case be opened.  It isn't actually arbitrated with evidence.  Instead it is an automatic system procedure to close the case for the buyer and force the seller to have to argue it in appeal.  That is not arbitration, that is automation and is a breach of user agreement and would thus nullifying the rest of the contract, (the class action clause). 

Worse still if a buyer or seller contacts ebay for any reason in regard to the request a case is automatically opened.  I called and specifically asked not to open a case, I just wanted to know what I should do given the buyer has not responded.  The tech swore a case would not be opened until we heard from the buyer and further that if one was opened I would have a chance to respond.  An hour after hanging up a case was opened and immediately closed in buyers favor.  The buyer had provided no comment or evidence for their dishonest claim.  It is  an automated system.

Given this, It would be nice, though maybe a fantasy, to bring class action against eBay for violation of agreement.  Even so there are some things sellers should be aware of:

1. If you get a INAD and you missed something or messed up, approve the return as soon as possible.  Most honest sellers are on page with this.

2. If you get a INAD you disagree with and the buyer provides no evidence to the contrary, do NOT approve the return.  This could be used against you in the appeal claim.  If you offer general returns then message the buyer asking them to return the item and provide an address.  If you don't offer returns simply message the buyer stating you do not accept buyer remorse returns.

3. It is now in the buyers corner to open the case, don't do their work for them by contacting eBay and having a case open automatically.

4. You as a seller will always loose a INAD case at this point, always.  Because it is not arbitration but an automatic system.

5. Wait for the return to process and then call for the appeal.  If the buyer uses the ebay supplied return label the refund happens automatically, you can't stop it.  If they didn't you could call when you get the item back but before a refund is processed.

6. Call the appeals group which may or may not be the same as the front line service rep. I don't know.  Sometimes I think they act like you are getting transferred to another department but you are not.  It is important, through all of this, to remain calm.  You are being treated unjustly and dishonestly by eBay but you can't just scream in the phone.  If you have to, scream, yell, cry, pull your hair out, etc. before you make the call.  The reps will lie to you.  When it does happen try to use it to get a compensatory coupon if possible.

7. After you prove your case, insist on a credit of the return shipping cost, a credit for the original shipping which should not have been refunded, a credit for the restock fee (though mute as of now), and removal of the the defect count from your seller record.  Have the rep send you an email stating what is going to happen and do not get off the line until you have it.  Ebay service reps do not follow through.

8. Should you win great.  I have done it myself but it is a Pyrrhic victory. You may get the return shipping fee rescinded, and a credit for original shipping which shouldn't have been refunded but this does not come from the dishonest buyer.  They still get a 100% refund.  Instead every seller pays for it corporately, that is why buyer centric polices, especially in returns, are driving up seller fees.  We all pay for it.

To reiterate it is not arbitration if before appeal it is completely automated to decide for the buyer.  And during appeal it is not arbitration because it is between the seller and eBay.  If the buyer is not involved and cannot have a negative decision in regard to an INAD return then no arbitration is actually taking place.

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I've won plenty of SNAD cases. You just have to know what you are doing and cover your bases and hope you don't have a buyer that won't respond.