Has anyone sued ebay Australia? How did it go?

[ti_609429]

I cannot cope with ebay and trying to find a soloution, my mental health is not good.

I sold an antique French doll to a USA Buyer, it got $1800, ebay said they wouldn’t release the funds until the doll was delivered so I had to borrow the money to post it to the US (I dont work and for 3 out of 4 weeks every month I basically have a zero bank balance ) it was about $75 to post. 

The day the doll arrived the buyer said she wanted a refund , she claimed it didn’t match my description, but I didn’t know anything about it so I was very vague in my description and didn’t actually label it as any certain brand or age as I didn’t want to say the wrong details , so I took lots of photos and described it exactly as it was and said ??? I dont know about it, please ask any questions and have a good look at the many photos.

all the bidders knew what it was and told me all about it, so I now know.

I said I dont have a return policy, especially for change of mind situations, I only list things when I have to buy my medication or big bills, and back in 1998 when I joined ebay, we could set our seller conditions and that is how my account has been for over 25 years, I offered her a part refund out of good will but she then sent a photo of my doll next to a broken head of hers which was smaller than mine and said see its not the same, your doll is a fake. ( the doll she bought from me was to replace her broken one, when mine arrived she saw it was the wrong size and was not the same as her broken one) She knew all about the free returns for buyers and knew she would get 100% Money refunded, and especially if she used the ‘fake’ word, meanwhile it was into the 4th week as days went past before reply’s back and forward, ebay never cleared any funds so never saw a dollar but was already out of pocket the post $75.

Because I had never done a return before I didn’t know there was a time frame that had to be met and the buyer was stalling with the communication, ebay took over the case and my one and only option was to agree to refund which after 10 days back and forward I did agree than the automated returns kicked in and gave me a choice of two couriers to pay for the return post, one was $245 the other was close to $350.

I could not proceed because I had a negative bank balance, spent the next 10 days trying to speak to a person not a computer , I never got to buy my medication because they never released my funds so at this point I am suicidal and very unwell.  But again their deadline passed so they ended up giving the buyer a full refund including the post that I paid for, she gets to keep the doll apparently, and then ebay charged me the selling fees of $267.

I want my doll back and I refuse to pay the exorbitant US postal fees, and I am not paying final seller fees on a sale that was fully  refunded, so any lawyers out there that want to take this on?

[designers*n*more]

Basically you don’t have a leg to stand on.  EBay’s Money Back Guarantee ensures if an item is not as described a seller must accept the return or offer a full refund. If the listing had postage charges the buyer will receive a refund of the original postage paid.

you didn’t follow the EBay MBG, as you said yourself you didn’t know there was a time frame. Best to read up on the MBG policy in case something like this happens again.

If eBay “stepped in” then there is nothing you can do. In these cases, eBay sides with the buyer in 99% of cases.

[sandypebbles]

No

the same rules apply to you as everybody else

Nobody gets special treatment and you have zero grounds or reason or right to sue

[springyzone]

She would not have got the refund because she claimed fake.

She would have got it as she claimed it was not as described in the ad.

I think you have been unfairly treated but I don't know how you can fix this. You could appeal. If I were you, I would get onto ebay chat, maybe get someone on ebay to call you back.

Keep it simple-that you sold the doll, it was as described but not as she expected and ebay has refunded but you want that doll back.

Unfortunately you will need to pay return postage if the buyer agrees to post back.

I am sorry all this has happened to you. The best suggestion I can make is don't sell expensive stuff to overseas buyers as when things go wrong, which they can, then it is easier and cheaper to arrange a return from Australia.

Your other selling option is facebook in dedicated collector groups.

You have been very unfortunate in some of your buyers, The one who gave you a neg after asking you for a cancellation was very unfair.

I know you are stressing over all this, who wouldn't, but please go in and see centrelink, they can sometimes arrange an advance payment if needed. Speak to your doctor about the medication and about not being able to afford it. There may be some groups in your local community that can help out with funds or other things, so don't give up. Please tell your doctor of your suicidal thoughts because there are solutions other than that.

[gutterpunkz05]

 and back in 1998 when I joined ebay, we could set our seller conditions and that is how my account has been for over 25 years,

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Your account operates on current terms and conditions, that you accept every time you create a listing.

[ti_609429]

Thank you @springyzone for your reply, this is not the seller account I used but yes agreed I have had some **bleep**py buyers, I sell most of my items via facebook groups,  only the odd things I am not sure of value, do I try on eBay to see how it goes. I find eBay now is full of buyers that don’t pay, or take advantage of the returns policy and the quality of buyers has gone right down since the ability to leave feedback from sellers was taken away. But I will not be selling to US again any high value items. 
thank you for your reply and I know and I have help but it is a long road to wellness.  
Regardless of eBay’s terms and conditions. 
They gave away something that did not belong to them and I did not give permission. It feels like theft to me and I am sure in some legal terms that is exactly what it is. 

[ti_609429]

Well I disagree with the zero grounds or reason, I did not give permission for my $1800 item to be given away. That is grounds and reason. 

[gutterpunkz05]

Ebay did not give your item away, and it is now a matter between you and the buyer.

The buyer is not required to pay for return shipping.

Yes, you are responsible for ebays FVF, and probably a dispute resolution fee as well.

[rocket2retro]

As a long time seller I fully understand your plight. I decided years ago that, even though I would sometimes get a higher price by selling internationally, the hassle when things go wrong (which inevitably occurs) was not worth it.

I also now only sell items for an amount that I am 'happy' to lose (which inevitably happens). This is especially relevant to you as you admit you "cannot cope..with eBay..."

Like any business person you need to have some funds up your sleeve to deal with scenarios like you have described (ie in this case the funds to facilitate the return).

For example, if a builder's car conks out & drill dies he will need to fix these things from his savings in order to get the next job done. It is just the way it works being self-employed & applies equally to an eBay seller as well.

I wish you luck, but unfortunately there is now no recourse for you with this case (unless you can sort out something directly with the buyer) and has become a costly lesson of what to do in the future.

[springyzone]

Yes, when a big amount of money is involved, even if a seller has not jumped in in time, ebay should not just be refunding a buyer in full without having at least asked the seller if they want the item back and then arranging that a refund will be given once the item arrives back to the seller.

I had to initiate a return some time ago and that is how it worked.

It does mean the seller has to pay return postage in advance though.

In your case, ebay has given the buyer a refund while they still have the item and the odds of getting it back will depend greatly on the honesty of the buyer or else on ebay making a refund to you out of their own coffers, which is not always an easy thing to get them to do. But worth discussing it with ebay reps, at least.