Purchased items and not shipped. Seller is selling out of stock items

[mommie_tt]

Good morning all. This is my first post, and I'm sorry if this is confusing, but appreciate some guidance as to what to do.

I purchased and paid for three different items Oct 16 from a seller in China. They have not been shipped yet, so I messaged the seller and asked what the delay was. Her response:

If I had known they weren't in stock, I would not have bought it in the first place. I wrote back and told her that this was not acceptable. Their listing does not state 20-60 days to arrive. It actually states: "Estimated Delivery within 12-23 business days

Seller ships within 1 day after receiving cleared payment." I told her that I did not want to order something different and asked for my purchases to be refunded. Then, I noticed that the listing was still active (a buy it now) and showed five items in stock and 14 sold, so I called her out on it. Her response:

Okay, I didn't just fall off the turnip truck. Seriously! I expressed my concern that they were selling items that they don't have in stock and questioned if they were breaking eBay rules knowingly selling buy it now items that they admit to not updating if they are in stock or not. I wonder if the two other items I purchased are even in stock. The response to my asking for a refund:

Of course I responded with, yes, I want a refund immediately. Now my Spidey senses are up. There are many negative feedback that product was not received nor refunds given. I just went to the listing again which is still active (after I called her out on it) and they are still showing as five items available and now 18 sold!!  I am concerned that I am being scammed and will not receive a refund.

My question is, do I file a report on this seller, if so, under what? to ensure I am protected and receive my refund asap. How can I trust that they will refund me? Not feeling it... I appreciate your advice. Thanks!

[funkorium · Accepted solution]

Most important thing is not to allow them to delay past paypal deadline for opening case.What I would suggest for you to do is immideately open case with paypal(pretty easy to do ,just go to your paypal account-resolution centre -open item not received dispute)if seller will not provide refund at once,click on the claim and after that paypal will investigate and refund your money.Also leave a neg.feedback,stating calmly what happened(hopefully ebay will close this account after many negs.that's what I would do.good luck!

[mommie_tt]

Thank you for your response and advice. I will give them a day or two to refund (since we are on opposite time zones) and if they haven't, then I'll contact Paypal to step in. I don't understand how people can be so dishonest by selling stuff that's not even in stock. Better clean my rose coloured glasses. LOL Thanks again!

[funkorium]

You're welcome!I had some bad experience with sellers and not only from China...as long as you re in time to open case via paypal you're o'k though.

[femmefan1946]

I will give them a day or two to refund (since we are on opposite time zones)

Don't bother.

Seriously, the time difference is about 12 hours. Refunds take seconds.

Just file and get your money back.

A few days won't help if the product has never existed and probably won't help if the seller is waiting for new stock.

The fact that she is still listing product when she knows it is not in stock is not a good indication of her honesty.

[mommie_tt]

Good morning!

I received a message from the seller that they have refunded my money to Paypal, citing a reference numbers containing 16 numbers and letters in it (have never hears of a refund reference number) and they told me to go check my account. I logged into a new window at went to Paypal and nope... no credit and items still not shipped. Claim is being filed as I type. SO ticked off at this.

Should eBay be notified of these people? I honestly feel they are dishonest sellers (the listing is still up with five available and 18 sold!) and need to be stopped. If so, how to I file this with eBay?