Need every piece of original packaging if item is defective?

[ajsdeals15]

I'm trying to return something a seller claimed had never been removed from its box, but clearly had been. I just realized I stupidly threw out one piece of the original packaging (not the whole box, just a piece of plastic meant to hold one part of the item). Does this mean I'm ineligible? I don't want to bother if I ultimately can't get refunded anyway.

[myboardid]

No it doesn't matter as far as you getting a refund.  It will make it very hard for the seller to re-sell the item (if that's possible), however.  He may not be happy when he gets it, but he still has to refund.  If he refuses after he has received it, escalate the case to eBay (ask eBay to step in). 

[ajsdeals15]

OK, thanks. I feel kind of bad, but it also would prevent them from trying to pass the item off as brand new again, I guess. I'm also just concerned they'll use that as a reason not to refund me once they get it, but I guess that's where the whole eBay-involvement things comes in. I think I'll just let them know beforehand so they can't act as though I'm trying to con them once it comes in the mail.

[89gt89]

They might have grounds to hit you with a restocking fee.

[missjen831]

Actually yes you do. It's even stated in the money back guarantee and the item condition policy here http://pages.ebay.com/help/policies/return-item-condition.html

item must be returned in its original condition including all original packaging @ajsdeals15

[missjen831]

---

@89gt89 wrote:
They might have grounds to hit you with a restocking fee.

---

No. Not an SNAD @89gt89. Seller can never charge a restocking fee on an SNAD but he can fight and win this is the OP admitted he doesn't have the original packaging 

[ajsdeals15]

Well, either way, I decided to keep the item after all. Long story.

It's interesting there doesn't seem to be a clear consensus on this, though. The way I see it, in item-not-as-described cases, often you wouldn't be able to return an item in its original, undamaged packaging (say it came in a sealed bag and you couldn't see the flaw until you opened it). I mean, you could send the bag back, but if the rationale for the rule about sending back original tags/packaging is that the seller needs to be able to sell it as new again, that makes it complicated. Especially because that's really the only reason you'd need certain pieces of original packaging and, as in this case, it lets shady sellers pretend an item is brand new when it's not!

If eBay really would have sided with the seller on this one, it seems like a flawed policy. They don't need one piece of plastic to resell a used item when they already got in trouble for pretending it was new when it wasn't. But I know I can't prove that, so that's probably why such a policy exists. Lesson learned.