Everything against seller?

vnati
Community Member
I made a listing of auction with no reserve for my used fountain pen. The description was full of details including scratches, no papers, etc. There was stated "no returns", "no refund". It looked very simple. A guy from Asia won the pen for $370 plus shipping. No problem.
As he received the pen, he opened a case "the item is not as described". His claim was about a box where I put the pen! And nothing about the pen itself.
I did not sell the box. I sold the pen.
The case was resolved in the buyer's favour. It is unbelievable.
It is a violation of eBay policy and sellers' protection against dishonest buyers.
So, I am going to sue eBay.
Message 1 of 59
latest reply
58 REPLIES 58

Everything against seller?

vnati, did you ship with insurance?

Message 2 of 59
latest reply

Everything against seller?

vnati
Community Member
Yes, it was a regular Canada post insurance that covers only $100.
It has nothing to do with Canada post. It was an old box of pen. The buyer did not like the box. Ok. But what about the pen? No complaints at all!
In addition, he is not going to send the pen back.
No pen, no money plus overcharge from eBay.
Message 3 of 59
latest reply

Everything against seller?

vnati
Community Member
Canada post does not provide insurance more than $100
Message 4 of 59
latest reply

Everything against seller?

What was the listing number?

 

I can only see two pens you sold last month - for which you received positive feedback on both.

Message 5 of 59
latest reply

Everything against seller?

vnati
Community Member
Yes, and bad thing happened with the third one
Message 6 of 59
latest reply

Everything against seller?

vnati
Community Member
Listing number was 272210658084
Message 7 of 59
latest reply

Everything against seller?

There was stated "no returns", "no refund".

 

If you take Paypal you make refunds.

You lost the case because you said NO RETURNS.

 

Basically you told eBay and Paypal that you never wanted to see the pen again.

And they took you at your word.

My opinion anyway.

 

So in future.

Lose those negative Terms of Sale.

No   Refunds cannot be enforced. If you do not refund yourself, PP will and go after you for their money.

No Returns should read (at most) Items must be returned for refund.

This means that the buyer must buy return postage with Confirmation of Delivery and show that you have the item back before you are required to refund. 

 

And as a new seller, it would be wise to refrain from shipping overseas until you are in a position to afford losing the occasional case. Not that you will get them necessarily, high FB sellers have fewer problems with scammers than newcomers.

 

 

 

 

Message 8 of 59
latest reply

Everything against seller?

vnati
Community Member
Even so, there was not any complaints about PEN from the buyers. He wrote anything but the PEN.
It looks like eBay stands for fraud and swindlers.
Message 9 of 59
latest reply

Everything against seller?


@vnati wrote:
Canada post does not provide insurance more than $100

Depending which type of Canada Post parcel service chosen, you can have up to $5000 insurance in Canada and $1000 for the rest of the world (but you do pay extra for insurance above $100).

 

-..-

Message 10 of 59
latest reply

Everything against seller?


@vnati wrote:
Even so, there was not any complaints about PEN from the buyers. He wrote anything but the PEN.
It looks like eBay stands for fraud and swindlers.

Original sterling silver fountain pen of Graf von faber castell.
Comes from my personal collection.
Inked to try. Mint and almost like new. Never left home.
Nib is F.
There are two minuscule scratches at the edge. Watch photos.
The wooden box got scratches as well. There's no outer paper box or inserts. I have too many pens in my collection and just can't keep all the boxes in shape. Therefore this is going to be a no reserve with minimal starting bid. I find this fair.
This is the private sale. No returns, no warranty, no refunds.
You will get what you see in the pictures.

-..-

 

From your listing description you sold the PEN and the BOX -- so the buyer can complain about both or just one part.

 

If just selling a pen your first image should have been only of the pen. And the box should only have been mentioned as a bonus to protect the pen.

 

-..-

 

In case of slow bidding activity, I reserve the right to end the auction at anytime without any refund for possible bidders.

 

Not needed. Until a bidder wins an auction there is no money to refund.

Unless you are saying that if the auction sale price is not high enough you will cancel the sale.

 

If you really felt this information was needed for your auction, you could have just said: I reserve the right to end the auction at anytime. -- of course eBay also reserves the right to charge fees against sellers who cancel auctions too often.

 

-..-

 

I also notice that for an item being sold from Canada, you did not have shipping to Canada, which might have reduced the number of possible bidders.

 

-..-

 

Message 11 of 59
latest reply

Everything against seller?

vnati
Community Member
When I declared the item's value, a postman said "it is useless because we do not cover more than $100".
Unfortunately, I trust people who are in charge because I can't double check every word they say.
Anyway, there was nothing wrong with the parcel. I am pretty sure there is wrong decision of eBay. Not even wrong, it is against its own policy.
How could they make the decision in the case "item is not as described" when there was nothing said about the sold item in the buyer's comment to the case?
Message 12 of 59
latest reply

Everything against seller?

vnati
Community Member
Ok, yes, you see I described anything including the box with scratches. Where is here a possibility to open case "item is not as described"? The buyer did not like the box with scratches. Ok, but I described the box condition. What else did I have to do?
Now, it looks like fraud and eBay does not bother to protect me as a seller. I lost my pen, I did not receive money and, in addition, I have been told it was my fault.
Ok, I will try the court, the police, whatever. I need justice.
Message 13 of 59
latest reply

Everything against seller?

"

If you take Paypal you make refunds.

You lost the case because you said NO RETURNS.

 

Basically you told eBay and Paypal that you never wanted to see the pen again.

And they took you at your word"

 

 

This is not true, its a myth that keeps being repeated here.   Saying no returns has norhing to do with how a dispute is resolved

Message 14 of 59
latest reply

Everything against seller?

Even with  a ... NO Returns option in a listing...

 

In a dispute  a seller can state.

 

Return for refund....  

 

Seller would have gotten the sold item back from the buyer.

 

 

 

 

 

Message 15 of 59
latest reply

Everything against seller?


@vnati wrote:

How could they make the decision in the case "item is not as described" when there was nothing said about the sold item in the buyer's comment to the case?

When eBay decides a case it's possible to appeal the decision.

 

Did you do that?  If not, do you still have that option or is it too late?

 

It sounds like you have grounds for appeal.

Message 16 of 59
latest reply

Everything against seller?

vnati
Community Member
Yes, I appealed. Frankly, no hope. Before everything happened, I asked eBay what "no return" meant in my listing. There was no answer.
Message 17 of 59
latest reply

Everything against seller?

vnati
Community Member
Where is an explanation in eBay policy what "no return" means? I understand it like "you buy an item as is, no return, no refund". I am shocked there is absolutely different meaning.
Message 18 of 59
latest reply

Everything against seller?


@vnati wrote:
Yes, I appealed. Frankly, no hope. Before everything happened, I asked eBay what "no return" meant in my listing. There was no answer.

You posted here that the buyer's only complaint is that the box has scratches.

 

Yet, you clearly described that in the listing.  

 

It sounds like you lost the case because you refused the return and not because the item was not as described.

 

Is that what happened?

 

 

Message 19 of 59
latest reply

Everything against seller?


@vnati wrote:
Yes, I appealed. Frankly, no hope. Before everything happened, I asked eBay what "no return" meant in my listing. There was no answer.

There is no such thing as "no refunds". You can write that over and over as much as you like. Scream it, do what ever you like. There is no such thing.

 

Every sale can be refunded, either directed by eBay or directed by Paypal.

 

Don't take returns, that is fine, you will still have to refund.

.
.
.
Photobucket
Message 20 of 59
latest reply