Buyer requesting refund for bogus Not As Described claim. What to do?

I have been an occasional buyer and seller on eBay for the past 15 years with 100% feedback but that is now in jeopardy due to a bogus Not As Described claim from a buyer.

 

I recently sold an old used PCI card for a PC for 99 cents + shipping.  I only sold it on eBay because I didn't want to throw it away and thought someone might get some use out of it.  The title and description for the card included the make and model number and the exact same descriptive text that the manufacturer uses on their website which is also the same as shown on Amazon and Newegg for this item.  This description includes the term "Low Profile" to describe the fact that the card is low profile, however the backplate on it is full size.  I included photos of the card in my listing that clearly show the low profile nature of the card and the fact that the backplate is full size.  Just in the exact same way the manufacturers website, Amazon and Newegg do.

 

However, the buyer is claiming that it won't fit in his PC because it isn't a low profile card and is requesting a full refund.  The buyer clearly didn't do his homework and check that this specific card was suitable for his PC.

 

So, looking for advice on what to do.  Everything I read online about claims of this sort point in the direction that eBay will ALWAYS side with the buyer regardless of how in the wrong the buyer may be or how much in the right the seller is.

 

Is it a done deal that eBay will side with the seller?  Is it worth fighting or do eBay even provide a mechanism for me to fight back (I'm not aware of one).

 

I have messaged the seller via the Return Request providing links to the websites and stating that he should have checked the photos and also checked that the make and model of this card was suitable for his PC.  No response and I'm guessing he's just going to wait a week and then escalate the case and get his automatic refund.

 

What should I do?

Message 1 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

Well, like some others, I'm an old grump and after doing some more reading on the community here I decided to change my mind and fight this bogus NAD claim.  My reasons are as follows:

 

1.  The eBay Money Back Guarantee (MBG) is clear that it covers items that don't match their description.  It does not cover buyer mistakes or buyers remorse.

2.  I not only stated the exact make and model of the item I'm selling, had Item Specifics in the listing that matched, but the title/description of the listing is the same as that given on the manufacturer's, Amazon's and Newegg's websites.

3.  My listing had a No Returns policy stated.

 

So far the buyer has failed to respond to my last message.  Today I sent him another message not only reiterating that the item description matches exactly what he received, but I also attached some photos from the listing that show the item he sent me a photo of is the same as that in the listing.  I also sent photos of the website pages mentioned above showing that my item title matches those websites (along with the make/model matching).  Plus I also stated that the MBG does not cover buyer remorse.

 

This all may be overkill for a 99 cent sale but I've come to the conclusion, that for me, the principle is more important.  Yes, I risk eBay forcing me to refund to the buyer, and yes I risk negative feedback and yes I risk a strike on my account.  BUT, I rarely sell anything on eBay, am far more often a buyer, and so am willing to take those risks and fight repeatedly with Customer Service reps if need be to get any such negative actions reversed.

 

Wish me luck.

Message 21 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

Good luck to you. Let us know how it turns out. You’ll probably need to call Customer Service to cite your evidence, don’t assume the bots that review these cases will see and comprehend what you’re showing them.
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?


@momcqueen wrote:
Good luck to you. Let us know how it turns out. You’ll probably need to call Customer Service to cite your evidence, don’t assume the bots that review these cases will see and comprehend what you’re showing them.

Should I call Customer Service now and present my case before the buyer has a chance to escalate this (in 3 days)?  My thinking being that the buyer has gone dark and is simply waiting it out to escalate the case and get his automatic refund.

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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

3.  My listing had a No Returns policy stated.

Note spelling.

No Returns is not No Refunds.

There are situations where the seller really never wants to see the item again. (Estates, clearing out the basement, haunted dolls, etc.)

The seller is not required to pay for return shipping if she doesn't want to see the doohickey again.

But.

She still has to pay out refunds.

 

However, I think it worthwhile to fight this if you have the time and the inclination.

Call customer service and don't communicate with the buyer unless you are told to by eBay.

 

 

 

Message 24 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

(But don’t those haunted dolls always find their way home regardless?)
Message 25 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

Update!!

 

Yesterday I tried to prod the seller into conversing with me by sending another message via their refund request.  No response again.

 

So, being absolutely convinced that the buyer was simply waiting for a case to be automatically opened and resolved in their favour I decided to speak to a CS rep today, this being the day that a case would be automatically opened.  After much discussion, and erroneous recommendations by the rep on the action I should take, the rep realised that the total value of the transaction was less than US$10.  She then proceeded to say that because of this she could speed this along and wrap it up right now.  She said she would initiate a case on my behalf that would be resolved in my favour, however the buyer would still receive a refund but it would be paid for by eBay and not by me.

 

I asked repeatedly if this would be considered as a "seller failed to resolve" case and if I would receive any defects/strikes on my account and she reassured me each time that there would be no defects on my account as an outcome of this.  I sincerely hope that is the reality.

 

In fact, I just received the case closed email which states:

 

"eBay opened a case because of an issue with an item purchased from you. We reviewed the case and have decided to issue the buyer a refund of C $10.77 without any impact to you.

This case is now closed. You are not required to reimburse the buyer or eBay, and this case will not be counted in your seller performance evaluation."

 

I must say that this was much less painful than I was expecting, I guess due to the low value of this transaction.

 

One thing that is nagging in my mind though is that the CS rep told me that despite a listing having a "No Returns" policy, this doesn't mean that the buyer can't force a return on me if they have buyers remorse.  Now I can understand my having to accept a return if I as the seller did something wrong, e.g. not as described, but for buyers remorse - that's ridiculous!!!!!

 

One other thing I'm still concerned about is if the buyer could still leave me negative feedback (despite having received a refund).  Is this still a possibility or will he be prevented from doing so because the case is closed?

 

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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

Feedback. Hmm. I think you are off the hook for that since ebay has essentially sided with you and given the buyer their $10 back just to shut their piehole. It's my experience and expectation that the buyer's 'loss' of the case will prevent them from leaving feedback but if they somehow do, I think you have a good case to support being able to call a Feedback Specialist and asking for manual removal, citing the email you quoted.

 

And, congratulations on your victory. Sometimes ebay Customer Service surprises us all by being not awful to its sellers. Haha. It shouldn't be funny but it is. In truth, it seems like there has been more training lately on supporting sellers who face false SNADs so hopefully this is played a role in your successful outcome. I had one false SNAD last year (plus one real one due to an error I realized I made too late) and it was handled very adeptly by ebay CSR despite that I was apprehensive through the entire process because I had my doubts as to their ability to close it successfully for me, even though it was a clear case of false SNAD that everyone could see.

 

I'm glad it worked out. Sometimes we have to take a stand even if it is only about 99 cents. As I said earlier, I am all about fighting the right fight, even with my dying last breath. I'm happy to hear your efforts were not in vain.

 

 

Message 27 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

this doesn't mean that the buyer can't force a return on me if they have buyers remorse. 

As mentioned above, No Returns does not mean No Refunds.

Our preferences are over-ridden by eBay and Paypal policies.

With Buyer's Remorse, to get an eBay* refund the Buyer has to pay for the return shipping.

The thinking is that since the Seller gets the item back and does not pay for return shipping, she is made whole.

 

Of course, that leaves out the cost of packaging, shipping, and labour.

But those policies are made by MBAs, not experienced e-retailers.

 

I must say ricarmic had the best policy suggestion. When he raised his minimum opening bid on auctions from 99 c to $4.99, his return requests dropped like a stone.

 

* Paypal always requires the buyer to pay for returns.

 

 

Message 28 of 29
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Re: Buyer requesting refund for bogus Not As Described claim. What to do?

Thank you - great clarification.  I'll bear in mind this advice for future listings.

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