eBay not as described case - seller protection?

After some 16 years with no problems somebody opened "significantly not as described and not matching the photos" case.  It was an eight hundred dollars item, for which I accepted $700, and it went to UK.  The buyer messaged me that it arrived in UK, and they are about to pick it up, and asked how much did I declare.  I thought that was weird, as obviously they knew how much it was that they paid.  I gathered that they were not happy with sum they have to pay, but I always have a clause in item description, that it is the buyer's responsibility to find out how much import duty they have to pay.  

Anyway, they then decided the item was not as described, and they want $200plus refund.  Interestingly, that is about the sum they had paid out for the duty. 

 

They opened eBay case.  There are only 4 options for me to respond to:
1 - send them shipping label; you are responsible for the cost of shipping (it was $110 to send to UK)

2 - Give a full refund and the buyer will keep the item

 

3 - Offer a partial refund

 

4 - send the buyer a message

 

 

There is no option to say, I do not agree with the claim.  There is no option to escallate.  I have heard that sellers do lose cases with eBay and the buyer keeps expensive item and gets full refund. 

When ever I as a buyer I had a problem with an item, I had to send it back at my expense to get a refund.  Few months ago I bought $300 jumper, and it had one armhole 3 inches ( 7.5cm) bigger than the other.  I had to send it back and ended up $70 out of pocket.  I had photos which did clearly show the disaster that the jumper was. 

 

How can I fight this claim against me?  My mistake was that I listed the item as new, but it is few years old, which I disclosed in the description.  However it is not used, it was stored in a box.  It's a collectors item.  Is there any way to protect myself?  I have 100% FB, with full stars, the only little chip one of my stars ever had was for shipping time, which is a joke, as I often post the same day, next morning at the most.  Can I expect any seller protection from eBay after all these years?

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eBay not as described case - seller protection?

At this stage, send them a message asking them to support their claim of  INAD.  you need to get them to admit that the item is in fact as described and that they are requesting a part refund to cover duties.  If you can get them to admit the claim is false, then you can get ebay involved.

Note ebay do not care if you have been with them  16yrs  or  16 minutes

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eBay not as described case - seller protection?

As suggested, you can try to get them to provide supporting evidence, worth a shot, but in my experience if the buyer is a scammer they will know how to get around that. 

 

If I were you, I would first ask for that evidence, assess value of refund, offer them an amount lower than it would otherwise cost you for a return. If they agree, do the partial refund, block and move on.

 

Keep in mind if a return eventuates, you will lose 2x postage because you'll be forced to refund their initial postage which you have already spent at the post office. My guess is they know that given it's a similar amount ($220/$200+) that they are wanting. You will lose regardless so to save the stress, following request and assessment of 'evidence' for all it's worth, you'd be best to give that partial refund. I base that on a recent case I lost to a scammer who stripped and wrecked the item before posting back. It is now in landfill.

 

It sucks for sellers. I now won't post anything with expensive postage. I get requests all the time and decline. Just not worth the risk. I'd rather be poor and not make sales than give away freebies

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eBay not as described case - seller protection?

I also think a partial refund is best and cut your losses.

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eBay not as described case - seller protection?

Kazumi,

 

This sounds very much like an abuse of the process. The fact that your buyer specifically asked you how much you declared on the item is highly suggestive that the buyer was hoping or expecting that you undeclared the value. Why would a buyer ask such a thing unless something of that sort was in his/her mind?

 

Under the MBG:

 

Fraudulent claims and abusive buyer behaviour

 

Buyers who engage in activity as described in the Abusive buyer policy may be subject to a range of actions, including warnings, being blocked from requesting returns or refunds on eBay, being blocked from opening claims, loss of eBay Money Back Guarantee coverage, and account suspension.

 

Activity that is not allowed includes, but is not limited to:

  • A buyer opening duplicate requests using other buyer protection programs
  • A buyer colluding with a seller to misdeclare an item's value for customs
  • A buyer filing a chargeback after receiving a refund
  • A buyer claiming an item was not received when the Order details page shows proof of delivery to the buyer's address
  • A buyer falsely claiming an item was not as described
  • A buyer returning an item other than the original item received
  • A buyer using or damaging an item and then returning it.❞

 

(Rubrication mine.)

 

It appears that the buyer attempted to collude with you (after the fact) to misdeclare the item's value for customs, and upon finding that you had declared the value correctly, the buyer subsequently decided to falsely claim the item was not as described in order to get a partial refund that was suspiciously similar for the import duty payable on the item.

 

Were I you, I'd get onto eBay Chat immediately and explain the situation in those terms, quoting from the policy above. Ask if they can close the dispute immediately on that basis. You may not have any luck (because you did cave in and offer the partial refund), but you could claim that it was made under coercion, as you believed that your options were limited under the buyer's manipulative behaviour and false claim.

 

At any rate, try it. I have zero sympathy for false claims of this sort where a buyer attempts to defraud a seller into paying the import duty, when it's very clear that the buyer is the one responsible for paying the import duty, as clearly stated in the same policy:

 

❝The buyer is responsible for paying any customs and duty fees for international postage.❞

 

You can report the buyer for abusive buyer behaviour as well. If the buyer has done this to you, it's odd on that he/she has done it previously.

 

I'm sorry you've had this rotten experience and felt pressured into giving in to the buyer's manipulation. In these times, when there's a deadly pandemic creating havoc and loss all around the world, such acts of greed and selfishness strike me as so petty... Where is your buyer's integrity? Flushed down the closet of nihilistic excrement?

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eBay not as described case - seller protection?

Well that's good news though. Don't forget to block that buyer.

I doubt they would allow a refund on credit because the seller could then do a chargeback. I could be wrong but they also can overdraw any account no problem. They're Ebay, they rule the world

 

Good result. I think you handled this really well

 

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eBay not as described case - seller protection?

At this stage, send them a message asking them to support their claim of  INAD.  you need to get them to admit that the item is in fact as described and that they are requesting a part refund to cover duties.  If you can get them to admit the claim is false, then you can get ebay involved.

Note ebay do not care if you have been with them  16yrs  or  16 minutes

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eBay not as described case - seller protection?

Few months ago I bought $300 jumper, and it had one armhole 3 inches ( 7.5cm) bigger than the other.  I had to send it back and ended up $70 out of pocket.

 

You can't have used the MBG then, as eBay would have forced the seller to pay for return postage. Unless, of course, you bought from overseas. Even then it seems to be possible to get the return postage paid for, it's just a bit harder.

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eBay not as described case - seller protection?

As suggested, you can try to get them to provide supporting evidence, worth a shot, but in my experience if the buyer is a scammer they will know how to get around that. 

 

If I were you, I would first ask for that evidence, assess value of refund, offer them an amount lower than it would otherwise cost you for a return. If they agree, do the partial refund, block and move on.

 

Keep in mind if a return eventuates, you will lose 2x postage because you'll be forced to refund their initial postage which you have already spent at the post office. My guess is they know that given it's a similar amount ($220/$200+) that they are wanting. You will lose regardless so to save the stress, following request and assessment of 'evidence' for all it's worth, you'd be best to give that partial refund. I base that on a recent case I lost to a scammer who stripped and wrecked the item before posting back. It is now in landfill.

 

It sucks for sellers. I now won't post anything with expensive postage. I get requests all the time and decline. Just not worth the risk. I'd rather be poor and not make sales than give away freebies

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eBay not as described case - seller protection?


@davewil1964 wrote:

Few months ago I bought $300 jumper, and it had one armhole 3 inches ( 7.5cm) bigger than the other.  I had to send it back and ended up $70 out of pocket.

 

You can't have used the MBG then, as eBay would have forced the seller to pay for return postage. Unless, of course, you bought from overseas. Even then it seems to be possible to get the return postage paid for, it's just a bit harder.


That was a PP claim for ETSY item, and yes I did get part of the postage reimbursed, but they only pay out up to $40.   I basically had to pay the postage, and then apply for the $40, and somehow  the refund was less than I paid.  It got complicated, as I bought 2 items at the same time, but was sending back only one.   I lost $70.

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eBay not as described case - seller protection?

Unfortunately, the way she is wording her replies to me, makes me think she knows exactly what she is doing.  Is there really any chance that they will just refund her the full $800 she paid and let her keep it?

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eBay not as described case - seller protection?


@*kazumi* wrote:

Unfortunately, the way she is wording her replies to me, makes me think she knows exactly what she is doing.  Is there really any chance that they will just refund her the full $800 she paid and let her keep it?


It's just occurred to me that this is international and I'm not familiar with the protocol for international claims. I only sell within Australia so unsure if return shipping labels can be issued the way they are domestically. 

 

If you're not sure what to do, contact Ebay via live chat. I don't want to be giving you incorrect advise. You stand to lose too much. 

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eBay not as described case - seller protection?


@*kazumi* wrote:

Unfortunately, the way she is wording her replies to me, makes me think she knows exactly what she is doing.  Is there really any chance that they will just refund her the full $800 she paid and let her keep it?


Okay sorry, I think I'm a bit up to speed now after some thought. Yes it sounds like you could lose the item and your money if you do nothing. So you will either have to agree to a partial refund, buyer gets that and keeps the item, or provide them with a return shipping label which you have to organise yourself. When you receive the item back, they will fully refund the buyer or in the current climate, may refund before you get the item back given the delays. That would only happen if the buyer asked Ebay to step in.

 

I would strongly advise partially refunding and putting it behind you. It's a horrible thing to happen. I feel so bad for you. But keep in contact with Ebay so you know exactly how to proceed

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eBay not as described case - seller protection?

I also think a partial refund is best and cut your losses.

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eBay not as described case - seller protection?

what ever you do, don't ask ebay To step in via the dispute, it's a guarantee they will side with the buyer.  

as others have suggested, ask the buyer to clarify why they believe the item is not as described.

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