07-18-2015 09:52 PM
Firstly, I hardly use these discussion boards, because I almost never have any issues with eBay purchases. So kindly move this in the appropriate section if required. (Thanks!)
To grab your attention: The seller I'm dealing with is a liar that potentially attempted to scam me, and suddenly not cooperating/communicating with me immediately after 60 days feedback period.
So here's a long story about my issue. It's long, because I don't want to skip out on any details, and hopefully, my replies will be advice rather than questions because I didn't give enough info
I bought a car spoiler and the item description states:
"Professionally crafted
100% Fitment Perfectly"
Now the thing is, I know sometimes, auto parts don't always fit, because some post auto shop work is expected. But not in this case. Because:
1) I paid extra to have this spoiler painted by the seller. Painting is always the final stage. Therefore, there shouldn't be any post auto shop work necessary.
2) And more importantly, the description says it's a 100% fitment, which means there shouldn't be any post auto shop work necessary.
----
So let's move on to what transpired over the last 2 months.
- On May 12th, 2015, I made my purchase. Cost was $139 USD. ($99 /$40 shipping)
- May 30th, I receive my spoiler. I didn't have time to test the spoiler right away, but a week later, I realized the spoiler was defective and not a "100% Fitment Perfectly" as clearly advertised in the item description.
- June 8, I contacted the seller to notify that the spoiler was defectively made. He requested photos for proof which I did send to him the next day. The spoiler did not match the shape of my car trunk. It's basically useless.
- June 10, the seller said that if the spoiler has issues, then it is because the factory manufacturing them is using a faulty mold. Meaning the entire batch of spoilers he's selling are all faulty since they're all from the same source. So a simple exchange wouldn't work. The seller then offered a partial refund ($50) to compensate on the poorly made product, and told me to fix the errors myself.
I declined the offer, because I would need to take it to an auto body shop to fix it which would easily cost more than $50, and also, I did not want money back. I obviously made the decision to spend the money in the first place, so getting money back wasn't the priority. Getting what I wanted to buy was the priority. I requested him to let the factory know of the issues and to make a new mold for a new spoiler that would fit better.
- June 13, the seller told me he has told the factory to make a new mold, and that it would take about 25-40 days. He will let me know when they are done and send me a new one.
- June 27, I requested for a status update on the progress of the new spoiler mold. I was hoping to get a definitive date of completion. The seller told me the factory said July 10th.
- June 30, I contacted the seller for clarification on whether he can send immediately on July 10th. The seller said "ok, no problem"
- July 10, I contacted the seller for a status update. The seller said he will send the spoiler out in 3 days.
- July 13, I contact the seller for a status update... No response from the seller.
- July 14, I contact the seller again... no response from the seller.
- July 16, I contact the seller again for a third time... no response.
For those that aren't aware, eBay only allows feedback to be given within 60 days of purchase.
The seller now has successfully prolonged the entire situation past the 60 day mark.
I did not give him a negative feedback earlier because I trusted he would go with his word to give me a new spoiler as promised, and I tried to be patient and civilized throughout the entire ordeal.
We were exchanging many messages back and forth throughout the past 2 months, and he replied quickly (within the same day) to every single one of my messages. I had no reason to doubt this seller's good service.
Right up to the final stage before sending me a new spoiler, he cut communication with me. Obviously, I do not have proof, but logically, a "top seller" that doesn't respond to messages within a timely matter will lose lots of business. I don't doubt if my messages were being ignored, considering the character of the seller was responding to all my previous emails within the same day. Maybe it is a coincidence, I really can't say. But it is rather suspicious.
- July 16, I had no choice but to open a PayPal dispute now and asked for my full refund. Maybe I should have started one back in June, but I had no idea this would escalate. This is my first real bad experience on eBay. All our conversations are still documented in my private eBay message inbox though. If PayPal or eBay needs it, I can gladly share it. The seller finally responds, declining my refund, and counter offering a partial $50. I declined that for reasons stated earlier.
I asked him about the new spoiler he was supposed to send out (after claiming he would on July 10), and once again. no response. At this rate, it's pretty obvious. If he had a new spoiler or any intention to send it, he would have already. Perhaps he fabricated the entire story to delay me from giving him a negative feedback.
Many theories, but the one thing I know is, he's not cooperating at all any more.
The part that really upsets me is the fact that if he didn't want to send me a new spoiler, he could have easily told me back in June, instead of lying and misleading me for 2 months. I feel there's several things he has done wrong, and to top it off, I cannot even give the "negative" feedback that he deserves. A very unethical and deceitful seller.
---
I am now positive this will need to be escalated to a PayPal Claim. I no longer care about his "new spoiler from the new factory mold". I just want my money so I can buy another one from another seller.
NOW THIS IS WHERE YOU GUYS CAN OFFER SOME ADVICE (sorry it took so long to get here)
Do I have to pay for the return shipping out of my own pocket? I tried to do my research, but I was getting different responses.
- From the seller pays if its "buyer's remorse",
- to the buyer pays if the product is "defective",
- to seller always pays.
Because I just went to the post office, with the exact dimensions of the product (with the original box that it came with from the seller) that it would cost $377.87 for the "9-day" express. Or for a "2-3 month" estimate shipping, it would cost $200.76
That is ridiculous! Especially when the spoiler itself costs less than that.
Now of course, I don't care if the seller sucks up the cost. But in the end, I want to know who pays in this situation? I find it pointless if the buyer has to pay for refunding a defective product that the seller should be responsible for. It scares me to think I can be totally screwed if I have to pay for the return shipping fee.
Now to end this off...
What are your opinions on this and what should I do in this situation in general? Is there things I should have done? Or can do before it's "too late"? Things I should include in my PayPal dispute messages? etc. I plan to escalate to a PayPal claim very soon, and from there on, I suppose it will be up to PayPal's discretion to review the case?
07-18-2015 10:04 PM - edited 07-18-2015 10:05 PM
Sorry. Seems like this section is for selling related issues. I also posted this in the Buyer's Central afterward. But I can't delete this thread.
07-18-2015 11:05 PM
@blazec604 wrote:Sorry. Seems like this section is for selling related issues. I also posted this in the Buyer's Central afterward. But I can't delete this thread.
If you have passed the time for an eBay claim you can open one with PayPal. One possible problem is that it's a "custom" type item which may not qualify for SNAD.
If you fail with PayPal and eBay then move along to your credit card company (time is of the essence).
.
07-19-2015 12:29 AM - edited 07-19-2015 12:31 AM
@recped wrote:
If you have passed the time for an eBay claim you can open one with PayPal. One possible problem is that it's a "custom" type item which may not qualify for SNAD.
If you fail with PayPal and eBay then move along to your credit card company (time is of the essence).
I'm not exactly sure what is the difference between eBay claim and PayPal claim.
I currently have a Transaction Dispute opened in PayPal's Resolution Centre.
I will escalate to a PayPal Claim in a few days, because the seller is not responding.
Can the credit card company actually help me? I think my PayPal is taking funds directly from my bank account.
07-19-2015 12:42 AM
If you file a claim with ebay which has to be done within 30 days after delivery, the seller normally has to pay for return shipping if the item was not as described. But it sounds as if the seller is overseas and it seems that the rules aren't followed quite as closely in those situations so I can't say for sure what would have happened even if you hadn't waited until it was too late to file with ebay.
Paypal allows claims up to 180 days after the purchase but their policy is that a buyer pays return shipping. I realize that it doesn't make a whole lot of sense for a buyer to have to pay to return a product that was not as advertised however, I can understand why they do it that way as it can be difficult to figure out if it really is a buyers remorse claim or if the item was not as described.
I'm not sure if paypal ever makes an exception and refunds without requiring the item to be returned. You might want to phone them, explain the situation and see if there is any information that you can give them that might make them lean in that direction.
If that doesn't go well and if you did pay with a credit card, you might have more luck filing with them.
07-19-2015 01:44 AM
@pjcdn2005 wrote:If you file a claim with ebay which has to be done within 30 days after delivery, the seller normally has to pay for return shipping if the item was not as described. But it sounds as if the seller is overseas and it seems that the rules aren't followed quite as closely in those situations so I can't say for sure what would have happened even if you hadn't waited until it was too late to file with ebay.
Paypal allows claims up to 180 days after the purchase but their policy is that a buyer pays return shipping. I realize that it doesn't make a whole lot of sense for a buyer to have to pay to return a product that was not as advertised however, I can understand why they do it that way as it can be difficult to figure out if it really is a buyers remorse claim or if the item was not as described.
I'm not sure if paypal ever makes an exception and refunds without requiring the item to be returned. You might want to phone them, explain the situation and see if there is any information that you can give them that might make them lean in that direction.
If that doesn't go well and if you did pay with a credit card, you might have more luck filing with them.
I am not in a very good situation as things seem like a GAMBLE and I hate this "game".
If I pay for the return shipping, it's redundant as the shipping cost will be more than the item.
I would be "shooting myself in the foot" if PayPal went with this as their final decision.
The seller did offer $50 refund (without the need to return the product). That would be a consolation prize as it seems...
But I would need to accept it BEFORE I escalate to a claim. Reason is:
This seller has proven to be dishonest, and as soon as he realizes the fact that my return shipping is too expensive to be logical, and there's no way I would bother returning the product if I'm not compensated for shipping, he will simply withdraw his $50 offer knowing I will now get nothing.
The downside is, if I DO take the $50, everything is all covered up, and I've just let a "criminal" sneak away, with a clean feedback record, and no punishment for his dishonesty on eBay.
I almost feel like should I just "take the hit" just so I can report this guy to eBay (authorities?).
Would reporting any of this even matter? I'm not sure how comprehensively does PayPal investigate, and do they correspond with eBay. Like I said earlier, I have a lot of info via eBay inbox messages to pin this guy.
- I sent photos showing the item was in fact defective (which he agreed with).
- I asked for a new one which shows this is definitely not buyer's remorse.
And if eBay wants to go even further, they can check my eBay purchase history, cause I'm about to buy a new one from a different seller.
If I lose even a single cent from this, I've felt like I just let some criminal walk free. He's lucky i'm a level-headed, patient buyer, cause he clearly took advantage of me waiting around for 2 months when most would have known to escalate the problem earlier.
07-19-2015 02:34 AM
You're right, you are not in a good spot. Is the seller in Asia? I've read quite a few posts about sellers promising to replace an item and never actually doing so. Those type of sellers seem to know how to lead people on for a long time.
I'm not positive but I don't think that paypal can read ebay messages. I think that the best thing to do is to actually talk to a Paypal rep so that you get a feel from the situation. If you get the impression from them that if you escalate the claim you will have to send the item back then you might want to accept the $50....assuming the seller was serious about it. The seller may tell you that he cannot refund you until you close the claim...that isn't true so do not close it before the refund. Even if you agree to taking the $50 the seller might not follow through.
The downside is, if I DO take the $50, everything is all covered up, and I've just let a "criminal" sneak away, with a clean feedback record, and no punishment for his dishonesty on eBay.
I almost feel like should I just "take the hit" just so I can report this guy to eBay (authorities?).
Taking 'a hit' wouldn't hurt the seller. At this point there really is no punishment for them other than a monetary one. If a claim is filed within the ebay time line then he would receive a 'defect' from ebay but it's too late for that now too. You might want to forget about that part of it and worry about coming out of it with at least some of your money back.
Would reporting any of this even matter?
I don't think so. eBay looks at cases filed...just phoning them to complain about the seller probably wouldn't accomplish anything and paypal is not going to pass on the info that you give them.
Before you make a decision, please wait for others here to weight in as perhaps they will see things differently than I do.
07-19-2015 03:47 AM
TL: DR
Is the seller in Asia?
He lied about sending a replacement. There is in any case no reason to believe that the replacement would be any better than the original.
Only accept a full refund on your unwanted item.
Sellers who are not in the same country as you cannot send prepaid shipping labels. Not even for couriers who operate in both countries.
Since both eBay and PP require the return of the item to the seller before they will process the refund, go instead to the credit card you really paid with (PP is just a useful mediator) phone the 1-800 customer service line and ask about a chargeback.
The clerk will need information-- not all your tale of woe, just the dates, payment amounts and currency, transaction numbers, and a few other bits of paperwork.
You won't get any duty or sales taxes you paid back unless you return them to the seller marked as Returned Merchandise and then go to the CBSA for a refund of those.
What you can learn from this.
If the price is too good to be true, it probably isn't.
Don't buy anything from outside Canada, particularly overseas, if you cannot afford to return it.
07-19-2015 09:19 AM
@reallynicestamps wrote:TL: DR
Is the seller in Asia?
He lied about sending a replacement. There is in any case no reason to believe that the replacement would be any better than the original.
Only accept a full refund on your unwanted item.
Sellers who are not in the same country as you cannot send prepaid shipping labels. Not even for couriers who operate in both countries.
Since both eBay and PP require the return of the item to the seller before they will process the refund, go instead to the credit card you really paid with (PP is just a useful mediator) phone the 1-800 customer service line and ask about a chargeback.
The clerk will need information-- not all your tale of woe, just the dates, payment amounts and currency, transaction numbers, and a few other bits of paperwork.
You won't get any duty or sales taxes you paid back unless you return them to the seller marked as Returned Merchandise and then go to the CBSA for a refund of those.
What you can learn from this.
If the price is too good to be true, it probably isn't.
Don't buy anything from outside Canada, particularly overseas, if you cannot afford to return it.
I shake my head at guaranteed fitment for aftermarket parts.
I needed a speedometer cable. Parts guy at the dealership told me he could sell me the expensive factory part that will fit, or the much cheaper aftermarket part that will not fit. You got the cheap part.
The game is to string you along until it is too late.
Try what Stamps has suggested with the CC charge back. Keep it professional with information. Throw emotion in there and you won't get anywhere. You could try opening a case for a NAD and see what the seller does.
The cold hard truth? You are out the money. I have an expression for life: "There are two ways of doing things, the right way, and why didn't you do it the right way?".
If you haven't already, join a club for your make and model of car. If you are in a smaller centre, join any club, car people love to help car people. They might be able to help. The body kit business is rife with shoddy parts that do not fit. They prey on people with limited funds.
Am I being a fat lot of help? Well, that is the game the seller set you up for, and, it isn't just you, they are doing this worldwide.
07-19-2015 11:32 AM - edited 07-19-2015 11:35 AM
@reallynicestamps wrote:TL: DR
Is the seller in Asia?
He lied about sending a replacement. There is in any case no reason to believe that the replacement would be any better than the original.
Only accept a full refund on your unwanted item.
Sellers who are not in the same country as you cannot send prepaid shipping labels. Not even for couriers who operate in both countries.
Since both eBay and PP require the return of the item to the seller before they will process the refund, go instead to the credit card you really paid with (PP is just a useful mediator) phone the 1-800 customer service line and ask about a chargeback.
The clerk will need information-- not all your tale of woe, just the dates, payment amounts and currency, transaction numbers, and a few other bits of paperwork.
You won't get any duty or sales taxes you paid back unless you return them to the seller marked as Returned Merchandise and then go to the CBSA for a refund of those.
What you can learn from this.
If the price is too good to be true, it probably isn't.
Don't buy anything from outside Canada, particularly overseas, if you cannot afford to return it.
Yes, unfortunately, the seller is in Asia.
I only believed the replacement would be better, because he cleverly fabricated the story about making a new one in the factory.
All my funds are taken straight from my bank account. I just changed my settings for PP to use my CC instead of my bank account now. I guess it's better to get CC involved next time to have an extra safety blanket.
Yeah... first time I had any issues. And I naively assumed if it cost xx amount coming one way, it would be about the same xx amount going back the other way. Lesson learnt.
I shake my head at guaranteed fitment for aftermarket parts.
I needed a speedometer cable. Parts guy at the dealership told me he could sell me the expensive factory part that will fit, or the much cheaper aftermarket part that will not fit. You got the cheap part.
The game is to string you along until it is too late.
Try what Stamps has suggested with the CC charge back. Keep it professional with information. Throw emotion in there and you won't get anywhere. You could try opening a case for a NAD and see what the seller does.
The cold hard truth? You are out the money. I have an expression for life: "There are two ways of doing things, the right way, and why didn't you do it the right way?".
If you haven't already, join a club for your make and model of car. If you are in a smaller centre, join any club, car people love to help car people. They might be able to help. The body kit business is rife with shoddy parts that do not fit. They prey on people with limited funds.
Am I being a fat lot of help? Well, that is the game the seller set you up for, and, it isn't just you, they are doing this worldwide.
You're right, it's all business afterwards. I don't know the sellers personally, and not all of them are going to be honest. I have no reason to be nice to them if they are wrong. Lesson learnt. I need to open disputes a lot faster and make sure they get the feedback they deserve.
I suppose I should be lucky the seller is even offering $50 partial refund? Should I just accept it and move on?
07-19-2015 11:48 AM
@blazec604 wrote:
@reallynicestamps wrote:TL: DR
Is the seller in Asia?
He lied about sending a replacement. There is in any case no reason to believe that the replacement would be any better than the original.
Only accept a full refund on your unwanted item.
Sellers who are not in the same country as you cannot send prepaid shipping labels. Not even for couriers who operate in both countries.
Since both eBay and PP require the return of the item to the seller before they will process the refund, go instead to the credit card you really paid with (PP is just a useful mediator) phone the 1-800 customer service line and ask about a chargeback.
The clerk will need information-- not all your tale of woe, just the dates, payment amounts and currency, transaction numbers, and a few other bits of paperwork.
You won't get any duty or sales taxes you paid back unless you return them to the seller marked as Returned Merchandise and then go to the CBSA for a refund of those.
What you can learn from this.
If the price is too good to be true, it probably isn't.
Don't buy anything from outside Canada, particularly overseas, if you cannot afford to return it.
Yes, unfortunately, the seller is in Asia.
I only believed the replacement would be better, because he cleverly fabricated the story about making a new one in the factory.
All my funds are taken straight from my bank account. I just changed my settings for PP to use my CC instead of my bank account now. I guess it's better to get CC involved next time to have an extra safety blanket.
Yeah... first time I had any issues. And I naively assumed if it cost xx amount coming one way, it would be about the same xx amount going back the other way. Lesson learnt.
I shake my head at guaranteed fitment for aftermarket parts.
I needed a speedometer cable. Parts guy at the dealership told me he could sell me the expensive factory part that will fit, or the much cheaper aftermarket part that will not fit. You got the cheap part.
The game is to string you along until it is too late.
Try what Stamps has suggested with the CC charge back. Keep it professional with information. Throw emotion in there and you won't get anywhere. You could try opening a case for a NAD and see what the seller does.
The cold hard truth? You are out the money. I have an expression for life: "There are two ways of doing things, the right way, and why didn't you do it the right way?".
If you haven't already, join a club for your make and model of car. If you are in a smaller centre, join any club, car people love to help car people. They might be able to help. The body kit business is rife with shoddy parts that do not fit. They prey on people with limited funds.
Am I being a fat lot of help? Well, that is the game the seller set you up for, and, it isn't just you, they are doing this worldwide.
You're right, it's all business afterwards. I don't know the sellers personally, and not all of them are going to be honest. I have no reason to be nice to them if they are wrong. Lesson learnt. I need to open disputes a lot faster and make sure they get the feedback they deserve.I suppose I should be lucky the seller is even offering $50 partial refund? Should I just accept it and move on?
Sellers know the cost, both ways of a transaction, just part of doing business. Customers have no idea and why should they? A lot of buyers really believe that "free" shipping is for real "free".
From what I am reading, the $50 is the best you will get.
07-19-2015 03:27 PM
I agree - take the $50.00 and move on - enjoy the summer - like Mr Elmwood said join a car club.
Chalk it up to experience.
07-19-2015 04:15 PM
I am unfortunately one of those people who believes fighting the 'good fight' until it makes no sense to do so. If this happened to me, I would not accept the $50 partial refund on principle. If it were me, I would escalate the paypal claim on the grounds that this seller needs to be taught a lesson or they will persist with this behaviour until the end of time AND then I would beg and plead to paypal to subsidize the cost of return shipping if that is what they will require of you. Have all your postage costs researched and make the call during regular business hours or when you have time to spend on the phone. Be calm and persuasive and good luck to you.
07-19-2015 06:29 PM
What about the paypal pays up to $30 return shipping program?
07-19-2015 10:43 PM - edited 07-19-2015 10:43 PM
@maximus7001 wrote:What about the paypal pays up to $30 return shipping program?
From what I'm aware of, I need to be invited by PayPal to be eligble for this service.
I don't think I have this.