Seller charged restocking fee for returning a defective iPad saying it is not defective.

[jung6384]

I purchased an iPad Pro 10.5 to use as a note for my graduate school that started on 8/21/17. The iPad arrived on 8/22, and I was very excited to finally being able to write notes with it. I had no trouble setting up iCloud and downloading apps. 

However, the iPad restarted itself randomly while I was using the camera app. At first, I didn't think much about it since I was just so excited about the iPad. But after it kept restarting itself over five times (that was about every ten to fifteen minutes of use) especially when I am using a camera and photo booth apps, I realized there's something wrong with the iPad. 

 I contacted the seller that the item is defective and want to return it. The seller apologized for it and mentioned that she will charge 20% restocking fee if she thinks it's not defective. I was very confident with that and asked her to test it thoroughly by using camera related apps for some time. 

I recorded the iPad restarting itself during use just in case something goes wrong.

And that night, I ran to the nearest Apple Store and bought an iPad pro so that I can take notes with it that day. I was not happy about all the hassle I had to go through by returning the iPad and drive 30minutes to get an iPad that day.

The seller contacted me that if I take the iPad to the apple store, they might replace it with a new one since the iPad is still under warranty, and I told her that I already purchased another one since I was in a hurry. 

And long story short, the seller received the item and charged $121 restocking fee saying the iPad is in excellent working condition. Opened a case, they closed it with nothing. Opened an appeal hoping that eBay could help me out, but eBay says I cannot get the restocking fee since seller says the item is in working condition. And nobody wants to check out the video that I have recorded.

This is just wrong. I don't know why I have to pay $121 for returning a defective item. I am thinking eBay is not hearing me out since they don't want to lose their power seller.

I will get my money back no matter what. I have evidence, and I am even ready to take this to a trial if necessary. 

If any of you have any advice on what step I should take next, please let me know.

Should I upload the video on youtube and send the link to the seller and eBay?

[missjen831]

If you lost the appeal, then there is nothing further ebay will do. They don't accept videos as proof. It appears the seller is in the pilot return program and that is why they were allowed to withold the restocking fee. I would try filing a dispute with paypal to get the rest of the money back. Or if you paid with a credit card file a chargeback. On an SNAD chargeback the seller has no protection and will get hit with a $20 fee from PayPal.

[deep-garnet-red]

The video is not going to do you any good at this point. It will cost you way more than 120 bucks to sue.

Anytime you receive a defective item you should file a case instead of just returning it. Of course, that doesn't help you now.

[missjen831]

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@deep-garnet-red wrote:

The video is not going to do you any good at this point. It will cost you way more than 120 bucks to sue.

Anytime you receive a defective item you should file a case instead of just returning it. Of course, that doesn't help you now.

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The OP DID open a case....and lost. Appealed....and lost. 

[missjen831]

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@deep-garnet-red wrote:

The video is not going to do you any good at this point. It will cost you way more than 120 bucks to sue.

Anytime you receive a defective item you should file a case instead of just returning it. Of course, that doesn't help you now.

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The OP DID open a case....and lost. Appealed....and lost. His seller is in the that returns program that gives the seller more control over the refund