Return Case Opened 15 days ago - no response from Seller

[goldenblack440]

Hello -- About 15 days ago I opened a Case to return an item as its description was incorrect. 

The seller based in Victoria is one of the largest online sellers of automotive performance products in Australia.  The description consisted entirely of one photo (the main photo and the same photo in the text below) and a few lines of text taken from the product's website which was general in nature and did not relate to this actual product. What was shown in the photo (again, taken from the product's website in the USA) was not what I received.  What I received was far less substantial, with fewer parts.  It was definitely not the product shown.  I believe this was very misleading to customers, as I naturally assumed that I would get what I saw in the photos.

Although the return was requested outside the Seller's Return window, I think I have within 60 days to open a case in this situation.  I have not yet received any response from the seller. In eBay, I clicked on Status of your Return and got this message:

You sent a return request

Your request was sent on 2 Jul. We'll email you when the seller responds to your return request. If you and your seller need more time to work things out, your request will stay open until 5 Aug.

My question is, should I ask eBay to "Step in", which I'm not sure how to do yet. And what happens on 5th Aug if the seller has not responded?

Shouldn't the seller or eBay have initiated a Return Label by now?   As the days are ticking by and nothing seems to be happening.  I have the item waiting to be sent back for a refund and if it's received by the seller after the 5 Aug, will the case automatically close?

Thanks for any advice

[countessalmirena]

Why do you believe you have 60 days to return an item?

The MBG is clear. You are covered up to 30 days from arrival of not-as-described item, or 30 days from latest EDD (Estimated Delivery Date) of item not received (INR). Beyond this timeframe, you have no recourse through eBay.

As you’ve mentioned that it’s now outside the seller’s return window (by which I presume you mean the 30 days offered by eBay), is it the case that you received the item more than 30 days ago? (That’s the important point.)

If you did receive the item more than 30 days ago, I’m sorry… Your return request is going to nowhere in a sinking ship.

For years we (all of the responders who post on these boards) would suggest (if they’d paid through PayPal) that buyers open a PayPal claim for items not as described, as the timeframe used to be 180 days. It’s changed - and I have to thank Casey who posted this first on these boards - as now the timeframe is within 30 days from the date of delivery OR within 180 days of payment of the order, whichever is soonest. Thus if you’re out of time under eBay’s MBG, you’re also out of time for PayPal.

Your only recourse then would be a chargeback through your bank if you funded your purchase by card.

[springyzone]

The critical point is- exactly when did you receive this part?

I am not sure where you got the idea you have 60 days. You have 60 days in which to give feedback about an item(I think that's correct) but only 30 days after receipt of an item or the estimated delivery date in which to open an ebay claim.

You haven't really made it clear what you requested from ebay either. The way I am reading it, you only made a return request. If so, that was a mistake.

Some sellers do allow returns. I imagine their return window can vary, it may not be exactly 30 days. But the key thing is a return does not necessarily mean the item has anything wrong with it. Sometimes buyers have a change of mind-maybe they simply don't like the colour or fit of something (shoes clothes etc), whatever.

With a return for change of mind, the buyer would normally pay return postage.

In your case though the item was not as described. That's a different thing entirely. Even if a seller has a no return policy, you can still open an ebay claim for a refund if an item is faulty or doesn't match the description. With this sort of claim, yes, the seller is expected to provide a return label.

But you have to do it within 30 days of receiving it.

So was your claim simply a return request or did you specifically open a  not as described/faulty claim.

If by chance you DID open the correct type of claim, then it is perfectly possible the seller will leave it till the last day before responding.

That happened to me once. I opened a claim for a faulty item, was ignored till in the very last hours, that seller sent through a return label.

If you did open the right sort of claim, keep an eye on it and follow through.

If you didn't open the correct type of claim but you're still in time (received item within last 30 days) then see if you can open the right sort of claim. I don't know if it is possible or not.