on 10-02-2015 06:48 PM
Recently we sold a set of used automotive gauges that consist of the gauges themselves, wiring harness, mounting adapters and sensors. They sold for $1800 and were shipped to an overseas customer. A few weeks later a claim is open that the gauges do not work. (We test all used gauges before removing from cars)
The buyer then insisted he would only return the gauges as all other components had been installed on his car and it would cost too much to remove them (or he had other gauges and wanted to use these components). Either way we emailed the buyer and stated for a refund to occur ALL items sent had to be returned. The full item! They refused to do this and escalated the claim. I then received an email back from eBay stating that I should contact them if the full item was returned as they instructed the buyer to do so.
So back comes a box and we open it up. Surprise! Half the item missing. As the tracking shows a return eBay refunded the full $1800! I quickly jumped on the phone to eBay and got passed along to a "high value claims specialist" who according to eBay policies said the buyer was entitled to a FULL refund!! How is this possible?? He even went back through the messages and said he could see the buyer claimed he would not send back the full item!! How does this make any sense, it can't get any more black and white. The eBay representative also agreed he could see why we were upset but said if I wanted to further pursue the matter I should
a: block the buyer so he cannot buy from us again
b: contact the polive to file a report
Ummmm hello, the buyer is in another country!! Seriously how can we operate under these rules???
on 11-02-2015 01:46 AM
on 11-02-2015 01:47 AM
on 11-02-2015 03:33 AM
What eBay has done is unconscionable and I absolutely advise you to take them to court. If you don't have a company solicitor to advise you what to do, go to your local courthouse and have a word with the Clerk of the Court, who will advise you how to lodge a case and have eBay served with a summons. It's a remarkably simple and inexpensive process and eBay must answer the summons and attend court or the magistrate will find in favour of the plaintiff (i.e. you) in their absence.
In addition, I also suggest that you lodge written complaints to both the Dept of Fair Trading and the ACCC regarding the MBG and its terms, and the fact that eBay are not following them to the letter of the law. The FOS may also be worth contacting, even though eBay are not a member, as it was Paypal who made the refund to the buyer on eBay's behalf, when eBay had no legal right to do so, as eBay are not a licensed insurance provider under the meaning of The Act. and have therefore acted unlawfully.
on 11-02-2015 06:04 AM
Legally...... try starting at the user agreement that both parties need to agree with and abide by
http://pages.ebay.com.au/help/policies/user-agreement.html?rt=nc
By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the eBay services, or when you use the tools we make available to interact with the eBay services
We are not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.
ebay's money back guarantee policy breaches their own user agreement
on 11-02-2015 06:18 AM
link to ACL below
For the purposes of the ACL in this context the seller is the consumer and ebay is the supplier of services
https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund
Repair, replace, refund
You have the right to ask for a repair, replacement or refund under the Australian Consumer Law consumer guarantees for products and services bought on or after 1 January 2011
So simply, If ebay becomes involved in the actual transaction between buyers and sellers then they have breached the user agreement that I (and you) agreed with and accepted as it specifically states that I acknowledge exactly the opposite.
on 11-02-2015 11:21 AM
Excellent another great article teaching unscruplous low lifes how to rip off sellers.
on 11-02-2015 02:56 PM
Yes, its become a Joke, I have had 4 such claims in 2 months, before then, nothing ever. Have sold on n off over 10 years on ebay.
Ebay actually refused 2 of them. Of the 2 that got through.
One was a slow delivery which sorted itself out. Still figuring out how to block sales to some states n territories.
The other was a return claim due to a toy hobby RC car as it turns out its steering stopped working.
So should have been a repair warranty not a return refund claim. RC car was heavily used.
Again I sorted this out by sheer luck of living nearby.
Ebay/ Paypal have become big jokes.
We just need an alternative.
on 11-02-2015 09:19 PM
Id be telling Ebay Im going to the ACCC and ombudsman if they dont refund you immediately. They are facilitating fraud. If they choose to refund the buyer in this case, that should be THEIR problem, not yours.
Make sure you action any threats - call the ombudsman / ACCC and ask their advice on how and who to lodge a formal complaint to to get your money back.
The buyer clearly said they would not be returning the full item - for refunds in Australia, the whole thing needs to be returned.
on 12-02-2015 08:08 AM
@toysandthings12 wrote:
Still figuring out how to block sales to some states n territories.
Just go to this thread and the solution,(in green) has the info you need for that: