Returning a defective item and deadlines involved

[demr5]

I ordered a used kitchen appliance; it was claimed to be "Excellent condition nothing wrong with it." and "This item is in great condition cosmetically an mechanically it works well yes it's complete and tested".  Returns were not permitted.  

It arrived 18 days late but I had agreed to the delay.  When I plugged the mixer in only two of three speeds worked.  I contacted the seller and requested a refund.  He responded within an hour and insisted the mixer had been checked twice but did not offer a refund.  I anticipate that will be his only reply to me.  I initiated a Return Request with eBay immediately; eBay acknowledged the request indicating I could ask them to help 3 days later.

Now here are my questions:

I read that I had to return the item within 5 days of a Return Request.  Does that apply in this case since the seller has not agreed to a refund and appears to be ignoring me?  I don't want to spend US$30+ to ship the item back unless the problem has been resolved in my favour and I'm guaranteed reimbursement of my return shipping costs in addition to my original costs.

Do I retain the item until the seller agrees to a refund or eBay has provided a refund, or do I wait for specific instructions from eBay about returning it?

How do I go about proving the item was defective?  The shipping box was in excellent condition so shipping damage is virtually impossible.  I offered to send the seller a video file to show the defect but a video file cannot be sent through eBay and I'm reluctant to communicate other than through eBay. 

What/when normally happens to the item if eBay has provided a refund  under the Money Back Guarantee?   

How strong is my case for a refund?

Any comments about deadlines or general advice would really be appreciated.   Trying to talk to a live person at eBay Customer Service appears to be impossible.  Thanks

[reallynicestamps · Accepted solution]

Do I retain the item until the seller agrees to a refund or eBay has provided a refund, or do I wait for specific instructions from eBay about returning it?

You can't have both the item and the money.

EBay usually requires that the buyer prove return of the item before refunding.

EBay usually demands that the seller provide a Return Shipping Label, but there are two tricky points here.

• It is not possible to provide a RSL if the buyer and seller are in different countries. This can come down to trust and goodwill. Stay polite. It helps.
• EBay may honour the seller's preference for no returns and not require you to return the mixer. (And yes, the seller will not be happy about that. Tough noogies.)

• Returns were not permitted.  No returns does not mean No Refunds.
  

How do I go about proving the item was defective? 

You don't.

EBay won't get into a 'he said/she said'. The return (or whatever) is enough for eBay.

What/when normally happens to the item if eBay has provided a refund  under the Money Back Guarantee?   

Normally, it has been returned to the seller before the refund, but as noted that can be different when it is an international transaction or when the seller has stated that she doesn't want it back (No Returns is just that.)

The refund, whether it came from the seller or from eBay, goes to your Paypal account. If you back your PP with a credit card, it will go there instead.

How strong is my case for a refund?

You don't want it and you are willing to return it. It probably doesn't work.

Pretty good.

[demr5]

As expected the seller did not respond. I asked eBay to help - they did and I received a full refund in my credit card account within 5 days. eBay told me to keep item until I received return shipping costs from seller. I suggested to seller to send money via PayPal money transfer and I would ship item but seller responded with insults so I'll see if seller wants item returned by sending shipping costs. Wonder if seller will appeal through eBay and/or PayPal.