Got a not as describe case filed against me! New to this. Please help

[super_kawaii_ni]

Hi, I recently sold a pair of shoes on Ebay. Shipped and got a not as describe case filed against me. Through communication with buyer in resolution center, she accused me of selling a fake and used shoes and insist that she have proves. After photos are posted, I found out that the shoes she posted was not the shoes I originally sold to her.  The design and styles look the same but the label inside the shoes sole are different. My shoes have a Crown logo inside the shoes sole, while her only have plain letters.

She even admitted that she have many same designs and styles of this shoes, but all are too small for her. Anyways, I am sure that she is trying to scam me here by getting the item for free and get her money back! How fair is that?! I contacted Ebay, but they said because the buyer is in a different country, the case have to be deal with in a different protection system.

Has anyone dealt with this kinds of things before? This is my first case filed against me, can someone please tell me will I lose this case? I dont want to lose! Clearly, it is not my fault. Buyer is trying to abuse the system and pull a scam.

[pierrelebel]

"Your screwed!  you will receive a customs bill that you will have to pay for more than the value of the shoes, The buyer will give you a 1 in your dsr for item not as described.  You will eat the original shipping then wait a week to get any selling fees back after you have refunded your buyer and even if your customer sent back some old shoes,"

That may have been your experience.  It does not mean every other seller facing a "not as described" claim will face the same results.

"Face it your selling to many bottom feeders found on this VENUE."

If things are so bad on eBay, why do you bother to list your items here?

[altimateoutlet]

Its nothing personal. Its just business! Which means its all about money, nothing else. Who pays that's all that matters in the end!

Attention new sellers:  You must have a business model that sells items at a profit to cover losses of the unknown down the road.  Or , it will be only Ebay with the "Crock" of $$$!

[retro_thrift]

2 years ago I bought several Thomas the Train toys for my son from a US Seller that were obvious fakes.  The paint wore off with water, wheels and axles and steam pipes were all rusty, etc...  I filed a claim and sent a ton of photos that they were fake and eBay told me that I would have to take them to an authorized Thomas the Train toy seller, have them authenticate them for me using official letterhead from their store and then scan and send them a copy of it.  It was far too much trouble to go thru all that and what toy store is actually going to do that for someone who bought items online and not thru them.  I don't know if eBay is still making buyers go to that much trouble to prove they are fake.  If so, I doubt anyone would win a case like that and instead just give negative feedback.

[pjcdn2005]

Attention new sellers:  You must have a business model that sells items at a profit to cover losses of the unknown down the road.  Or , it will be only Ebay with the "Crock" of $$$!

In any business you have to be making enough profit to cover "other" expenses including loss. Selling on ebay is no different. If you sell on a local venue and accept cash only...then you might minimize potential loss.

[super_kawaii_ni]

Hey,

My buyer still haven't escalate the dispute into a claim. Should escalate myself as a seller?

But buyer is still posting nasty comments in the resolution center.

THANKS

[trikiliki]

Noooo! You don't want to escalate yourself. Let them keep spewing their poison, it can only make them look bad and could help influence the decision in your favor. Just hit the return for refund option when you are given it. If they don't return with delivery confirmation/tracking you should be fine, although no matter how this plays out I have a feeling you will probably end up with negative feedback, from the sound of your buyer.

If they do send them back properly and you do not receive your original product back, cross that bridge when you get to it and call PayPal. I am not sure thought what you can do from that point with an international transaction, obtaining proper proof etc...

[recped]

Hey,

My buyer still haven't escalate the dispute into a claim. Should escalate myself as a seller?

But buyer is still posting nasty comments in the resolution center.

THANKS

DO NOT escalate, there is absolutely no advantage to you in doing so.

From the sounds of it the buyer doesn't really want to return the item they just want to sucker you into a partial refund and keep the item.

Personally if the comments are nasty I would stop communicating in any way. The buyer can return or not but they better get on it or eBay will close the dispute and they will be out of luck.

[nippon_fashion]

Oh ,ok thanks for the reply.

I will wait till the buyer does.

The case automatically close on April 25. ( LONG WAY TO GO).

The buyer always have new accusation every time she reply. She is pulling many non related case issues into this dispute this time. YUP, definitely a scammer!

T_T''.

[super_kawaii_ni]

GOOD JOB EBAY!!

CUSTOMER escalated claim and Ebay sided with buyer.

Refund them without asking them to send it back because customer claimed it was fake and got a police report with her side of the story !! NICE WORK!

Ebay never took the time to read my, seller's, story.

NOW I AM BROKE! THANK YOU SO MUCH

[femmefan1946]

you will receive a customs bill that you will have to pay for more than the value of the shoes,

If this happens, then you turn over the bill and phone the CBSA number on the back, and tell them it was returned merchandise.

They will need your original eBay invoice and possibly some other paperwork to confirm your claim.

Then they will return the duty and sales tax, just as WalMart refunds the sales tax you paid on a returned item.

Refund them without asking them to send it back

Has the money been taken from your account or has eBay/Paypal paid it from their own pocket?

Has the buyer been able to leave feedback and Detailed Seller Ratings?

If the buyer has left (negative) FB and DSRs, your best bet at this point is to abandon this account and start again with a fresh ID. You can use the same Paypal account but the new ID requires a new credit card number.

Selling clothing is so fraught, I would not advise selling overseas at all, until your feedback is well into the hundreds. Even returns from the US cost the already unhappy buyer $25 or so, but the market there is so large that it is worth it.

[super_kawaii_ni]

HI,

The payment was automatically pulled from my PayPal account back to the buyer's account.

Ebay never took time to look at my story. They sided with the buyer because they claimed buyer provided a police report to them ( Hello! The report only had the buyer's stories in it). So it was decided in buyer's favor. BUYER KEPT THE ITEM FOR FREE, Left NEG feedback AND SELLER IS BROKE. This is so ridiculous !! I am the victim here, not the buyer!!

I phone Ebay and they told me to appeal. what is the point?! I am gonna lose this again anyways.

[pierrelebel]

It is a typical "he said, she said" case.

The buyer (feedback rating 489) has left negative feedback today.  One of the few left by this buyer in five years and over 800 transactions.

"got FAKES WARNING BOLD PERSON TELLING BIG LIES WITHOUT SENSE DONT BUY HER STUFF!"

The seller replied:

"NO! Buyer traded in her old shoes and scammed me. Buyer wanted a item for free."

As usual in a case of "he said, she said", eBay/PayPal side with the buyer.

[altimateoutlet]

Put this behind you and look to your next sale. This will make you a better seller and business person! Good luck!

[stevephinn2012]

As usual in a case of "he said, she said", eBay/PayPal side with the buyer

Sorry but Ebay/paypal are VERY WRONG in this case. Unless the police report documents that THEY looked at the item AND in their opinion they are counterfeit AND since they are counterfeit that the police seized them and destroyed them, Then and ONLY then should a refund be given without the return of the item!

In all other cases the item should have to be retunred to the seller and not be left in the hands of the buyer,

This will be staring a new trend on Ebay

[bb_cool_stuff]

Maybe I am wrong here, but something just doesn't seem to add up.

[renfrewite]

The question I would be asking is, what makes the police the authority on fake women's shoes?  I would think the buyer would have to take them to a genuine store that sells that name brand to get it authenticated.  As another person said on this thread ebay was making them take the fake toys to an actual dealer of that brand of toy, so why not the same thing here?  If I were you I would look into this further and fight it, especially since they allowed the buyer to keep the shoes.  If it were a cheap $5 pair of shoes I would say forget it, but those shoes were not cheap.  And the shipping would not have been cheap either since it was shipped over seas with tracking.

[pierrelebel]

"but something just doesn't seem to add up."

You are correct.

In the meantime the seller left this "positive feedback" for the buyer in contravention of the rules:

"Seller beware! Trade in her old items for my new item and open SNAD For A Scam!"

Although the seller is located in Canada, this item shows location; Richford, New York, United States. 

Checking feedback, it appears this Canadian seller is using an American dropshipper, offering the same "Gyaru Punk Lolitia Cosplay Goth Cyber Clubwear YUMETENBO Crystal Platform Heels" and other items.

We all know the risks of being a dropshipper.

[super_kawaii_ni]

Well guys,

I lost the appeal again. I told Ebay that police report couldn't really prove an item is fake; beside it was not my original shoes, but Ebay still rejected my claim. I am very disappointed. I just don't know what to say anymore.

[super_kawaii_ni]

Anyways, Thanks for all your help.

Ebay is not the place for me to do business.IT IS NOT FAIR! I will close the account.

Good luck to everyone ^_^ 

[Anonymous]

The biggest problem is that you showed only ONE, only ONE, only ONE photo of this shoes!  It doesn't show the logo or whatever, none at all.  It is very hard to prove it whatever.  You have up to 12 pictures for free and yet you showed only ONE photo!!  Of course eBay would side with the buyer, although I am not saying I side with this buyer but with really only ONE photo!!

Of course I am sure that this buyer took an advantage seeing only ONE photo with no logo shown and scammed you.

Next time take a lot of pictures up to 12 pictures, shown the labels, under shoes, etc., etc. to be on safe side.