Customer returned the wrong and used product

I've had an international customer purchase an expensive helmet from me. When they received it they said it didn't fit and because I accept returns the return was automatically accepted. Customer returned a package back with tracking and I received this 3 days ago. When I opened the package I quickly realised the helmet returned was not the same helmet I sent. It was a used old helmet I imagine they were replacing. I contacted the buyer and of course I haven't heard anything back. I contacted ebay chat support and they assured me they were going to look after me but because the item was sent to France they couldn't help and would pass on all the information to the customer support based where the customer is. This morning I have woken up to a closed case in favour of the buyer with a refund and the following message

 

We have examined this dispute in detail. We find that you claim to have received a different item in return.

We take fraud attempts seriously. Your claim may be considered fraudulent.

However, since we do not have the objects directly, we cannot confirm this.

Therefore, we are obligated to reject this challenge. No other dispute can be examined in the context of this dispute. 

You may still have other options outside of eBay.

Thank you for your contact and wish you a pleasant day.

I am based in Australia, "customer" is based in France. What other options are there? I have the option to appeal the decision with ebay but going off their response I don't see how it will change. This is a serious loophole and it looks like anyone can purchase something on ebay, ask for a return, post anything they want back with tracking and you will get a refund. 

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You can try to contact PayPal. (Or Adyen, if you're on MP.)

 

If you do so, keep things very courteous, and have all of your points and evidence ready to go. That means having your entire argument in point form and going through each point form carefully and methodically. It also means having photos and other visual evidence and documentary evidence already scanned and ready to upload.

 

You may want to run down to your local police station and make a statutory declaration in which you solemnly declare that the helmet returned to you was not the helmet that you sent.

 

You may also want to report this with ReportCyber (ACSC), but bear in mind that for this sort of crime, reporting it to ACSC is more for emotional satisfaction than anything else.

 

Make sure that you scan the stat dec - and you can try uploading it to eBay in the first instance if you want to contact eBay again (probably via Live Chat rather than phone, as eBay's CS is primarily via Live Chat still in the wake of pandemic restrictions... but you can try to call eBay during business hours and see how you go). The fact that you are prepared to submit a Stat Dec may be enough to cause eBay's CS to rethink.

 

If no joy with eBay still... then have the Stat Dec ready for your PayPal conversation.

 

If you sense that the PayPal communication is not going well, you can politely add that you would much rather not go through the AFCA (Australian Financial Complaints Authority). You do need to make the effort with PayPal before opening a complaint/dispute with AFCA, as part of the complaints process includes demonstrating that you attempted to resolve the issue with PayPal. (You can't make the complaint against eBay, as it's a financial institution against which such complaints can be made.)

 

See this reply to another thread which I answered. A few things have changed since that reply, of course, since it was written pre-COVID-19. You may need to contact PayPal by chat... but I did just check, and it appears that the phone lines are up and running.

 

That reminds me... Of course, you may well be on Managed Payments now. That means that it's Adyen that you would need to contact, and Adyen against whom you raise the complaint.

 

If you need any additional pointers, post here - and please keep us updated. When posters report back about what's worked and what hasn't, it helps the board volunteers here to refine advice or information.

 

Best of luck.