Money Back Guarantee, Buyer BEWARE!

[ajf160959]

I purchased a pair of items described as "new". The item, a classic-car part, occassionally lists on eBay, but as "remanufactured" - meaning disassembled, cleaned and rebuilt with new seals, valves, etc - because the item has not been produced by the manufacturer for many decades. The items were shipped from the US to Australia.

When I received the items, they were clearly remanufactured and certain visible parts had been replaced by inferior parts. I requested that the items be returned, and the web-page for the return indicated that the seller agreed to the return. As instructed by the return web-page, I requested a return shipping label from the seller. The seller did not oblige, and a case was opened.

The case was placed on hold several times (for very strange reasons). Finally eBay instructed me to send the item back, tracked, by a specific date. The seller has never provided a return shipping label.

The items weigh 12.5 kg together. The trackable postage from Australia to the US, using Australia Post, would have cost me over AUD $200. Consequently, I sent a message to eBay requesting that they confirm that I would be reimbursed or refunded the cost of return postage.

eBay never replied to my request for confirmation. While I was considering my options on the day by which I was instructed to return the item, I received a message from eBay stating that the case had been closed and that I get to keep the item. A terrible outcome for me, the buyer!

The word "by" in the context of a date usually means "no later than". In the case of eBay's Money Back Guarantee, the words "by a certain date" mean "before a certain date". I don't know why they would not use the word "before" to remove ambiguity. BUYER BEWARE!

[ajf160959]

Here is some follow-up information.

eBay closed the case on the morning of the day by which I had been instructed to send the item back, and informed me that I get to keep the unwanted, mis-described item. I was, at that precise time, considering whether to take the rsk of paying for the postage myself, because eBay had refused to reply to my request for confirmation that I would be refunded or reimbursed the cost of return postage.

After receiving the message from eBay that the case had been closed, I phoned eBay to express my dismay that the case had been closed prematurely.

The next day I received the following from eBay:

"I am writing to update you that your case, 5078371577, has been forwarded to our Appeals department for further review given that the seller was not able to provide a shipping label yet to allow you to return the item.

We will get in touch with you again regarding the appeal."

Eight days later, I received the following from ebay:

"Thanks for getting back to us.
I have checked on the case and I can see that it is already closed. If you did not receive the refund yet or you are still having trouble regarding this transaction, you need to contact youer seller and let your seller resolve the issues that you are having."

On receiving the latter message, I again contacted eBay by phone and was informed that the case had actually never gone to any appeal. Shortly after the phone call, I received the following:

"Thanks for your message. The case you contacted us about was closed after we made a final decision on it. We'll review your question or concern and get back to you within 48 hours."

Within hours, the following was posted on the Resolution Centre details page:

"Here's the appeal outcome.

After reviewing your appeal, we won't be able to change the outcome of the case, unfortunately. 

We're sorry you had a problem with your purchase. However, after further review, we confirmed that our original decision was correct."

[phorum_junkie*]

What proof did you provide to ebay that the item was not significantly not as described? In order for ebay to force the seller to pay for the return you have to provide proof from a 3rd party qualified to give an opinion and it must be on company headed paper.

Your only redress now is if you funded the payment with a credit or visa debit card you may be able ro get your bank to do a xhargeback but you would almost certainly have to return at your expense by trackable post.

[ajf160959]

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phorum_junkie*

The seller agreed to the return, but refused to provide a return shipping label. eBay instructed me to send the item back but refused to confirm whether or not  would be refunded or reimbursed for the return postage costs. Then eBay closed the case prematurely, advising me that I get to keep the item. Whoopy-Doo!

Here is a snapshot image of the events on the Resolution Centre page:

[phorum_junkie*]

Towards the end of Feb you should have been more pro-active and calling ebay with follow up emails every day asking for a return shipping label from the seller although the seller only has to pay for the return cost if you provide proof the item was not as described and there is nothing in your scenario to say that was provoded.

You haven't said if you funded with a credit card, something I always do if an item is worth more than a few dollars, or not but if you did get onto your bank quickly as some of them have a 3 month limit on chargebacks.

[ajf160959]

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@phorum_junkie* wrote:

Towards the end of Feb you should have been more pro-active and calling ebay with follow up emails every day asking for a return shipping label from the seller although the seller only has to pay for the return cost if you provide proof the item was not as described and there is nothing in your scenario to say that was provoded.

You haven't said if you funded with a credit card, something I always do if an item is worth more than a few dollars, or not but if you did get onto your bank quickly as some of them have a 3 month limit on chargebacks.

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Thanks for your interest.

The item was not as described. Every self-respecting seller describes this item as "remanufactured". In my case the item was described as "new", and I was prepared to pay the asking price and shipping to acquire the new item. Generally, the remanufactured items are rebuilt with original parts as far as possible. In my case, some of the external original parts were replaced by copied parts from other manufacturers. The items I received are not new from the original manufacturer as was described, and they are pretty much worthless to me.

I don't know what exchanges took place between the seller and eBay. My understanding is that the seller did not dispute that the item was not as described. I was not required to provide proof that the item was not as described, although I was certainly prepared to do so.

My instructions from eBay were to request a return shipping label from the seller, and this I did on numerous occasions. When a shipping label had not been provided by the first due date, I requested help from eBay and a case was opened.

The case was placed on hold for spurious reasons concerning my address. I understand that the action taken on 14 Feb may have been my complaint that there was nothing wrong with my address - it was the address to which the item was originally sent and the address where the item was originally received by me. I saw no reason to change my address... for crying out loud! Was that a smoke screen!?

The seller asked me to remove the negative feedback, and also asked me send the items to a third party.

After the case was prematurely closed in favour of the seller, eBay requested that I again ask the seller for a return shipping label, which I did; but, of course, it was all too late, and I don't expect that the seller to ever reply to any of my requests. They certainly didn't in the first instance.

I would be very hesitant to pay for return shipping now. It's possible that I would not only lose my money, but also the goods (howevermuch worthless they are to me) and the costs of returning them.

[co-au13]

I just got SHAFTED by eBay after a seller with 54 negative feedback "has somehow got eBay to bend the rules. Posting all below about the item that i bought, seller failed to even respond and now ebay wants me to pay almost double postage back to england for the rubbish. I'm SERIOUSLY OVER these sharke here. They dont deserve any of us.!

Hi Jesse,

This is about the ‘not as described case’ you have filed, for the item BLUE STITCHING 2X DOOR CARD TRIM LEATHER SKIN COVERS FITS HONDA CRX 1988-1991 you bought from topgaiters.

We have reviewed the case carefully and decided that the item has to be returned to the seller for a full refund. Please complete these steps in the next 10 days so we can give you a refund. Please go to Australia Post website to get a shipping label.

You can click on this link to go to the site: https://www.clickandsend.com.au. You would need to register for an account with Auspost for you to be able to issue shipping labels. I suggest that you do so. Once you are registered with Auspost, please select the shipping option 'Regular - Parcel Post(your own packaging)' which will charge you $46.10.

We would appreciate if you could cover this amount for now and we will process your manual payout to cover the return postage once tracking shows the item is already in transit.

Please use the return address below as provided by the seller: alla almasuri, 4 SAVILE CLOSE, NEW MALDEN, Surrey, KT3 5QG. Once you have the shipping label, please ship the item as soon as possible and provide us with tracking information by uploading it through the case details in the Resolution Centre.

Here are the steps to upload tracking information:

1. Find the item you wish to return in your Purchase history page in My eBay.
2. With the item located, select see case details.
3. You are presented with the Add tracking details page:

Add the tracking number

Select the shipping carrier

Once the tracking information shows that the seller has received the item, you'll receive a refund for the cost of the item and the original postage costs (usually within 48 hours). Please note that once the 10 day hold ends without a tracking number uploaded into the case, it will expire and we will not proceed with the case.

I trust I have guided you accordingly on how to return this item for a refund.

Thank you for choosing eBay, have a nice day!

Sincerely,

Michael C.
eBay Customer Service
[THREAD ID: 1-58649573449]

**bleep**???????????????

[co-au13]

ATT All SELLERS. Quote above if need your buyer to pay up front return postage! I just lost $170 AU because of eBay twisting things to suit when it suited them . BRAVO!

[co-au13]

Why dont i return the item? Do YOU want to spring me the $46. I'll pay you back i swear! JESSE BUYER PROTECTION SCAM!

[co-au13]

also stay away from Removed. Its not leather Its FAUX 54 ngative feedback!