Buyer gets nod to return obviously damaged item

[mark.wooba]

I sold a pesticide Dust Blower in mid-December with a "no returns accepted" condition. I'd bought it new myself (on eBay from another seller who has sold hundreds of them and is still selling them) and used it a few times. I had no further use for it, so listed it on eBay.

A few days ago the buyer asked for a return, giving a garbled reason that it "does not work as well as the other blowers I'd sold to him". But I've never sold anything else to him.

I went to dispute the return request, clicked to send a comment, then decided to re-read what he'd said and pressed  the browser's Back button. The eBay system immediately went to the "You have agreed to a return" panel! What the hell? I called eBay and complained, but they said they could not do anything. The only thing I can think may have caused this glitch is the uBlock browser add-on I am using, but whatever the reason, eBay was very inflexible about it and even though I called them IMMEDIATELY this happened, they refused to reverse it. But the agent reassured me that when the case was reviewed, the fact that the Buyer had lied about me selling him other items would decide the case in my favour. He then wrote to the buyer asking for proof that I had sold other items to him (I was copied on the email).

The buyer never responded to that message.

Instead, he uploaded pictures of the item that showed he had severely damaged the item. I responded in the case with my own image (attached), showing the item as it was sold and comparing to his photo, clearly showing the damage.

 

I called eBay again and they agreed with me that it looked fraudulent, and that I should not be concerned.

Then today I got an email from eBay that states

We reviewed this case and decided to ask the buyer to return the item to you. Once tracking information confirms that the item has been delivered to you, the buyer will be issued a refund. The refund includes the purchase price plus original postage. This amount will be debited from the payment method on your eBay account

I called eBay and the agent stated that this decision was made by a robot, and that I need to wait for the item to arrive back, then issue a refund, and then appeal the case. At that stage a HUMAN will get involved and decide the case in my favour, if my photos show the damage.

Does this not seem to be a tortuously roundabout way of deciding an issue, when the damage is clearly visible?

[shoppingbag*]

I don't know what else you can do at this point by go along with it. It doesn't look like the same item to me. Their picture shows it as being discoloured (yellow) this only happens with age. I think it would be unlikely to change colour in the short time since you sold it. I would suspect they are trying to return a different item, probably one they bought from someone else. Especially seeing as they mention buying these previously ( but obviously not from you)

[shoppingbag*]

Also, the little knob (or whatever) showing in the middle of theirs, does yours have the same? I can't see it in the picture.

[lyndal1838]

Blind Freddy can see it is not the same item.

The black disc is not even in the same position on both items.

[mark.wooba]

Shoppingbag and Lyndal, I have the same thoughts. To me, it looks like he has either thrashed the item or, more likely, is trying to replace an old-for-new item at my cost.

Reading this forum, it appears my best option now is to videotape the opening of the returned item, in the presence of my nextdoor neighbour (who will sign a statutory declaration if asked).

I'm pretty sure we're going to discover a damaged, old, unsaleable product when we get the parcel.

(Shoppingbag, my item did have the little metal dongle in the centre, it just did not show up in my photo due to the lighting conditions)

[south.coffee]

As a seller you CANNOT win against eBay over a returns dispute. A buyer complained about the brand of printer we supplied and opened a return as soon as he opened the box. The item description was very detailed, his complaint was nonsense but we accepted the return and sent a return shipping label.


It took the buyer 5 days to get to the Post Office (?) Once received the printer has obviously been used and the firmware diagnostics confirmed the amount of printing that had been done. The buyer did not complain about the quality or performance of the printer, but still went ahead and 'test drove' it for 5 days before sending it back.


We lodged a complaint with eBay with photographic evidence of EVERYTHING, including missing supplies and damaged packaging. We were seeking $20 in compensation against the $313 refund claim.


eBay now want a Statutory Declaration with legal witness signatures to atest to our evidence ! This is no doubt to make it so difficult for the seller that you simply capitulate and offer a full refund. It would cost me more in time and fuel to do this - UTTER NONSENSE !



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We know it's disappointing when you receive a returned item and find that it's been altered without your permission, or that the buyer's returned a different item altogether. I'm happy to help you get this resolved as quickly as possible.

In order to continue with the investigation of your eBay Money Back Guarantee case, please provide eBay with a statutory declaration confirming what has happened. A statutory declaration is a written statement which you sign and declare to be true in front of an authorised witness. Intentionally making a false statement is a serious offence, so make sure that the statutory declaration only contains true statements.

We need to receive this within 5 days from the date of this email so we can proceed with your case. If we don't receive your documentation by then, your case will be closed. Unfortunately, we can't give extensions to the time period.

Here's what to do:

Print the statutory declaration form located here:
http://p.ebaystatic.com/aw/pics/au/resolutions/MBG_returned_item.pdf
Fill out the form. Ensure that you sign and date it in front of an authorised witness. There is a list of people that can validly witness statutory declarations on the form.
Scan or take a clear digital photo of the signed declaration and save the file on your computer.
Note: Save the declaration as one of the following file formats: *.gif, *.jpg, *.png, or *.pdf. For security reasons, we don't accept any other formats or aggregated (compressed) or executable files. The file cannot be larger than 2 MB.
Go to https://ocsnext.ebay.com.au/ocs/mudcwf?deptName=DEeBP
(You may need to sign into your account.)
Select the Document Type "General information" from the drop-down list.
Select "Add File" and locate the file on your device. You may then preview your document(s) or delete them.
In the comments section, enter 1-196879845266 to allow us to link your documents with this email. This is really important to ensure we can deal with your case quickly.
Please review the information about how eBay protects your privacy and check the box to confirm that you agree.
Select "Send" and wait for the confirmation to ensure we've received your documents.

We'll reply with an update on your case within 72 hours of receiving your declaration.

I hope I've explained things clearly. Thanks for all your help.



Kind regards,

eBay Customer Service

[mark.wooba]

South.coffee, thank you very much, that's a very useful post! I've downloaded the stat. dec. form and I'd be more than willing to fill it out, have it witnessed and upload it. I'll also upload a video of the opening of the returned item.

It has not arrived back yet. He has another few weeks to mail it back.

The stat. dec. gives eBay the legal grounds to take action against the Buyer, as I see it. If you play ball with them, fill out their forms, you could get the money back (admittedly, in your case it's only $20, but still worth doing).

I absolutely REFUSE to have this buyer screw me over by sending back a different or damaged item. I'll go to any lengths to stop it, not so much for the money (only around $150) but because it would so sour my experience of eBay that I'd never want to sell anything on eBay again.

[purplemon18]

My first time looking at this form. I see it can be witnessed by a JP (justice of the peace) which is great news for me. I don't know how national the service is, but in Brisbane, most semi-major shopping centres have JPs at least once per week, and it's different nearby centres on different days, I've even seen Thurday nights and Saturday mornings. If I ever need to fill one of these out, it's not hard for me to get it signed.

[mark.wooba]

Yup. I think every library has a JP.