What recourse do I have when eBay "gives" an item to a buyer?

Hello! I live in Australia. On 01 Oct I sold a personal, valuable and authentic Louis Vuitton Speedy bag for $780+$50 shipping to a buyer located in the United States. The listing item said the seller does not accept returns, unless the item is not as described. About 5 days after the buyer received the item, they opened a refund request with no details. Despite asking for details, I got no further message from the buyer.

On October 18, eBay sent me a message asking I provide the buyer with a return label within four business days. That same day, eBay also informed me that a return case (Case # 5325049703) had been created and put on hold until October 23, to allow the buyer to provide further information. This mixed messaging from eBay left me perplexed and concerned about the handling of the situation and I reported the buyer transaction to eBay

To my dismay, on Oct 23 eBay refunded the buyer in full, withheld $89.76 payout pending from another sale and plans to deduct a further $41.12 from my bank account. Basically eBay seems intent on charging me about 15% commission for the sale that it refunded. Worse - it is unclear what has happened to the valuable Louis Vuitton bag in question. I have not been given the option to provide a return label to the buyer, nor have I received any communication regarding the whereabouts of the item. In essence, eBay has effectively taken possession of my valuable bag, provided it to the buyer without due process, and is now seeking additional money from me.

The icing on the cake is that the webpage to appeal the case is not working. I've tried two computers and three browsers, and the 'Submit Appeal' button stays grayed out: https://www.ebay.com.au/ReturnCase/5325049703/AppealRequest

So how can I get my item back and appeal this decision?

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What recourse do I have when eBay "gives" an item to a buyer?

I can feel your pain.

If I did not frequent these boards regularly, I probably would have been a bit confused too.

Ebay instructions should be crystal clear, but more than that, there should be room for some flexibility.

Did ebay send a reminder, along the lines of  eg This case is closing on 23 Oct and you will need to have taken action to resolve it by then by arranging postage or ebay will step in and may award a refund to buyer without return of the item.

 

It sounds as if you can now appeal but the problem ebay has is they have refunded the buyer so if you win an appeal, that $800+ comes out of ebay's coffers, they can't get the money back from the buyer, as far as I know. So I think they will resist awarding it to you. Appeal all the same.

Where ebay goes wrong (I believe) is that they so easily allow a buyer to win a claim of not as described.

In the original claim, were you able to upload evidence of authenticity or did the buyer offer any reason why they thought it not as described?  I do understand that in cases of not as described, ebay more or less has to take a buyer's word for it as they can't personally see the items, but I do think a buyer should have to at the very least state why something is not as described. Or provide photos, if possible.

I know you can't provide a return label for an international sale but I think ebay expects you to communicate with buyer and arrange to pay the return postage before the deadline. There's another thread here but on the Buying board, the title of it is How to prove when buyer claims I sent the wrong item.

It might be an interesting read for you as this seller also got scammed but ended winning an appeal I think it was. It was an international sale too. But if you read that thread, the buyer quoted $100 or some such sum needed for return postage, when it had only cost the seller about $45 to post it.

Unfortunately the bottom line here with you is you have probably lost your money for good. I am so sorry to hear it. But if you keep selling on ebay, just keep in mind that in a dispute their dates are cut off dates & you as seller have to have acted by then.

 

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What recourse do I have when eBay "gives" an item to a buyer?

Your bag(s) should have been sent to the eBay authentication centre as per your listing(s).

How did you manage to bypass this?

You appear to have sold this bag 3 times or did you have 3 for sale?

 

Have a read...

https://www.ebay.com/help/selling/selling-tools/ebay-authenticity-guarantee?id=4644&st=3&pos=1&query...

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What recourse do I have when eBay "gives" an item to a buyer?


@repentatleisure1952 wrote:

Your bag(s) should have been sent to the eBay authentication centre as per your listing(s).

How did you manage to bypass this?

 


If bags like that are bought from overseas they don't go through that process, perhaps it works the same way in reverse R@L?

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What recourse do I have when eBay "gives" an item to a buyer?


@padi*0409 wrote:

@repentatleisure1952 wrote:

Your bag(s) should have been sent to the eBay authentication centre as per your listing(s).

How did you manage to bypass this?

 


If bags like that are bought from overseas they don't go through that process, perhaps it works the same way in reverse R@L?


Perhaps you are correct padi.

 

I could not find anything re o/s sales.

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What recourse do I have when eBay "gives" an item to a buyer?

Yep, international sales are sent direct to buyer, rather than via authenticator.

 

OP,  you were given 4 days to supply a label, so obviously the claim was for INAD, you  must comply with this or the case will be closed and you lose.

Return of your item, is now a matter between you and the buyer.

 

Don,t know why the appeal tab is greyed out, maybe you now need to add new evidence before submitting, as without new evidence it will be auto declined.

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What recourse do I have when eBay "gives" an item to a buyer?

In addition to what Gutterpunkz said, because it was an international return you will not be able to buy a postage label through eBay and would need to work out something with the buyer to pay for postage before they send it.

 

Had you been able to resolve the issue you would have been able to get refund of seller fees but when eBay steps in and resolves it you lose that option.

 

I recommend reading up on returns procedure and international sales on eBay help pages before you sell anything else overseas.

 The "further information" eBay would have been waiting for would have been confirmation from the buyer that postage had been supplied, as it was not, eBay refunded without requiring the item to be returned as you did not pay for postage!

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What recourse do I have when eBay "gives" an item to a buyer?

- I was wondering about the 'Authentication item'  - the label just got applied automatically. I guess the 'overseas shipping exclusion' that someone else explained below applies here.  

 

- No, I only sold the one bag. The bag 'sold' twice, only for both buyers to cancel. I relisted several times and ultimately sold the bag at a reduced price to a third buyer. This buyer paid, only to refund and keep the bag.

 

Regarding the return...

- Yes, eBay sent me a message on 18th Oct that I must accept a return by the 23rd. Quoting: 

If you don't provide return shipping or otherwise resolve the return within 4 calendar days, you may be required to issue the buyer a full refund without the item being returned to you.

- That same day, 18th Oct, eBay sent me a second message the return was now a case.
You can expect an update from us within 48 hours. Thereโ€™s nothing you need to do right now, but if you have questions, you can contact us

- Now this is key: around Oct 20, the status display for the return changed. It now said the return case was 'on hold' till the 22nd or the 23rd to enable the buyer to provide documentation about the return. 

Now a return case is either is on hold or it is not. Here, an eBay officer suspended the return case between Oct 18 to Oct 23 -- the exact same day the deadline to process the return expired.

So on the 23rd October, I lost both -- the case, and the ability to pay for the return -- at the same time. This was due to eBay's extending the return case decision so I had zero time to accept that I had lost the case and to process the return. How could I action the return - it was either on hold, or I had lost the goods.

A side note: on the 18, I got concerned with my experience to report to eBay that the buyer appeared to be abusing the return process. eBay never responded.
 

 

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What recourse do I have when eBay "gives" an item to a buyer?


 The "further information" eBay would have been waiting for would have been confirmation from the buyer that postage had been supplied, as it was not, eBay refunded without requiring the item to be returned as you did not pay for postage!


No  - because then the return is not being investigated and eBay has decided I lost the case. But this was not communicated to me on the 20th. 

Instead, an eBay officer purposely suspended the return case between Oct 18 to Oct 23 to fall on the exact same day the deadline to process the return expired.

The only information I got from eBay about a case decision was this notice on the 23rd: 

Case # 5325049703 eBay has made a final decision in this case.

Your buyer was refunded

Hi Sonam,

We reviewed this case and decided to issue the buyer a full refund.

The buyer claimed that the item didn't match the description.

A refund of AU $830.00 was issued on to the buyer. The refund includes the purchase price plus original postage.

This amount will be deducted from your account.


So on the 23rd October, I lost both -- the case, and the ability to pay for the return -- at the same time. This was due to eBay's extending the return case decision. That means I had zero time to find out that I had lost the case and to process a return.

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What recourse do I have when eBay "gives" an item to a buyer?

- The appeal button on the eBay website was grayed out regardless of what I did. There was some control being applied on the eBay website side that prevented me clicking 'Submit' or even attaching files to the appeal. 

In the meantime, the eBayAU Twitter handle has advised me on DM that will not reverse the decision of the case. 

So I have  asked them the following: 
-------------------------------------------------------
1. What about our goods?
The buyer has been refunded. Has eBay has told the buyer they can keep our goods for free? If not, can eBay please (a) tell me how I can purchase a return label and provide it to the buyer, and (b) direct the buyer to return our goods?
 
2. Please explain the additional $130.88 charge for this transaction when the item did not sell.
 
3. The eBay officer handling my return case kept the case on hold from Oct 18 to Oct 23 so their decision fell on the exact same day the deadline to process the return expired.
That means on 23rd October, I lost both -- the case, and the ability to pay return postage and accept the return -- at the same time. This was due to eBay's extending the return case decision but it means I had zero time to find out that I had lost the case and accept a return.
 
Given this context, can please action points #1 and # 2? Please show me how I can to purchase return postage and ask the buyer to return the goods.
 
Please consider this message a request for further escalation internally within eBay.
 
If instead eBay has transferred ownership of my good to the buyer without due process, please make your position clear in writing.
 
I then plan to progress my case with trade regulatory authorities that supervise commerce in Australia.

 

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What recourse do I have when eBay "gives" an item to a buyer?

There is no eBay officer managing the return request ( also known as a case) the entire process is automated. You had four days to respond and did not !

 

This is from eBay help pages:

 

Your options for responding to a buyer's request depend on the reason they're returning the item, and the return policy you stated in your listing.

 

The item doesn't match the listing, or it arrived damaged or faulty

If a buyer receives an item that's different to the listing, or if it arrives damaged or faulty and the purchase is covered by eBay Money Back Guarantee, they can return it to you even if your return policy states that you don't accept returns.

 

If you don't respond to the return request, we may refund the buyer and seek reimbursement from you, without requiring the buyer to send the item back.

 

Here are your response options:

 

Accept the return

The buyer will send the item back to you for a full refund, including the original postage cost. You'll also be responsible for covering return postage costs.

 

eBay may automatically accept a return on your behalf if it falls within the terms of the eBay Money Back Guarantee policy and an eBay return postage label is available. Once you've received the item back, you have 3 business days to review it and refund the buyer, or ask eBay to step in and help.

 

If you accept the return but the item is returned used or damaged, you may qualify to deduct an amount from the buyer's refund.

 

 

 

They will not refund the selling fee because you were unable to resolve the case( aka formal return request) and they stepped in!

 

Reporting the buyer as soon as they requested a return was also an error even though it is possible the saw an inexperienced seller with an expensive item and figured they could leverage you not knowing what to do ( especially with overseas returns which are more complex) to get a free bag - which they now have!

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