Can eBay override a Sellers Consumer Law rights?

[elizabethac29]

I recently sold my Canon 6D camera body only (nowhere in the pictures or the text did I include the battery or charger - I also listed it at a reduced price as I was keeping these items. The buyer won and I posted the camera to him with insurance (he was obviously going to on-sell it as he sold another Canon 6D 10 days before for more than $100 more. Immediately upon receipt he claimed the item was missing parts, then within the hour added the camera was faulty as it was making a ‘whirring noise when turned on and off’ - neither of these is true. eBay then had the seller return the camera to me and gave him a full refund even though I provided them with a video proving the camera wasn’t doing this. He also did some damage to the camera as well as using the camera, he also failed to return the warranty slip and the original receipt. 

To me the contract act of sale is not voidable as the camera is not faulty or missing parts. 

My question is, has eBay breached consumer law in that the buyer who was not entitled to a refund as the camera is not faulty?

[*tippy*toes*]

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@elizabethac29 wrote:

The buyer has been hostile since the camera was received. He didn’t even talk to me just raised a refund request and left negative feedback.  When I believed the camera had been damaged in the post (it was fully insured) I immediately went to the post office and found out how to make a claim and said I would help him make a claim. He said bluntly NO, I want a refund which automatically raised my concern and I thought he may have willfully damaged it. But it came back with minor damage, a higher shutter count, and a small amount of paint missing from the bottom. 

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Just to put it out there Elizabeth, are you certain the camera that you got back was the one you actually sent? It wouldn't be the first time a buyer has done a switcheroo to keep a good item, and send a not so good one back, so they get the good one for free. I would keep an eye on your buyers listings to see if he lists another identical camera soon.

Unfortunately, if there has been a switcheroo, there's little to nothing you can do about it.

[elizabethac29]

Hi, I added a picture with the box in it, it accidentally had a lens on it, then I couldn’t remove the pic so stated no lens included.  There was no pic with the charger or the battery. Had I added a pic with the charger and battery, then yes, I would have had to have made the statement that the battery and charger were not included. 

[elizabethac29]

Hi, I was also concerned about that so I checked the serial number which was the same. I also used the shutter count app which provides both the serial number and shutter count, the serial number was correct the shutter count was plus 16 so he had used the camera.  As a matter of interest, he sold the same camera 10 days before purchasing mine, and for $175 more. My guess is he wanted to on sell it, realized the battery and charger weren’t in it, lodged a demand for a refund, realized he probably wouldn’t win with that, claimed he borrowed his wife’s battery, and andded that my camera was faulty. The camera is now back with me and is not faulty.