06-27-2017 02:42 PM
Hi all,
I have some questions regarding the return/refund process for a recent purchase. Thankfully, most of my transactions
have been trouble free, rarely have I needed ebay to 'step in'. I am hoping someone can advise me if I am going about
this correctly and what to expect.
I will mention that I am in Canada and the seller is also in Canada. About a year ago I had a almost identical
return/refund situation. At that time ebay didn't issue return postage labels for Canada (Do they offer that now?) and
despite ebay's assurance that I would be covered for return shipping, I was never compensated. When I inquired about the
Return Shipping refund I was aggressively berated by the ebay customer service rep despite following the exact return
instructions provided by ebay. That was surprising and unexpected.
So I guess I am a little worried and want to do this right.
Here are the details of the transaction: I have been looking for a certain model of guitar and a used one pops up in
Canada. Seller has zero feedback. I have had many great transactions with zero feedback sellers, but I like to do a bit
of pre-purchase checking to see if anything seems obviously sketchy. The listing has a photo that does not appear to be
a stock image. I did a quick google search and did't find a similar photo. I conclude that the photo is likely legit.
Great, it's the exact model I want. The description is very brief but that isn't uncommon. I pull the trigger and in a
few days the item gets shipped, so far so good.
Guitar arrives, it's not the one pictured in the listing...It's similar but not the model I wanted. Different pickup
system, in fact, exactly the guitar I did not want. I go to the ebay website and click "Return Item". I provide photo's
of the guitar I received as well as the listing photo. The differences are quite obvious. Shortly thereafter I get a
message, "Seller does not accept Returns, try to work it out with seller". I contact the seller and in a friendly and
informative way explain the situation, we exchange several messages on the matter. The end result being that the seller
insisting that he has done nothing wrong, no returns but would refund the shipping amount and I can keep the guitar. I
don't want the guitar he sent. I asked for a complete refund and would happily return the guitar at his expense.
The ebay Return process indicates that they can be contacted to 'step in' later this week. I will certainly be
contacting them. Have I done this right? Should I have skipped the "Return" process and opened a SNAD dispute instead?
How should I expect ebay to handle this situation?
Any advice or thoughts appreciated. I think I am doing things right but...
Thank you for your time!
06-27-2017 03:21 PM
Yes. You should have used Not As Described.
The Return process is for 'buyer's remorse' and in this case does not fit.
Since you went for Return (and I can understand why you were confused) and the seller does not offer returns, you basically lost the case.
Now you can go to Paypal, but the return shipping is the problem.
EBay (in NAD cases) requires the seller to provide a return shipping label. But the Dispute period is only 30 days from delivery.
Paypal has a much more generous Dispute period, 180 days from Payment, but they have always insisted that the Buyer pay return shipping.
So there's your choice.
If you do that here are some hints"
06-27-2017 03:29 PM
Oh no!
Thanks for the info, much appreciated.
Just for clarification, when I filed the return I selected "Item not as described" and submitted the pics for proof. Does that count for anything?
Thank you.
06-27-2017 03:41 PM - edited 06-27-2017 03:42 PM
The pictures don't.
Your word is all that eBay uses. And of course the seller's.
But if you did use NAD, then the seller is negotiating.
But eBay has the last word.
Refuse the seller's offer, and do it in the Dispute.
Then ask eBay to step in and escalate to a Claim.
You should be getting a return shipping label. If not the seller loses the Claim and you are refunded (whether he likes it or not, eBay has control of his money) (and yours and mine since I notice we are both sellers).
There is some question about whether or not eBay will require you to return the guitar.
If you are refunded, you cannot ethically keep it. Nor can you sell it and keep the money, again ethically. The legal status is not in my ken.
But that's a question for another day.
Oh yeah-- Return Shipping Labels don't come from eBay. They are purchased by the seller from Canada Post or a courier.
08-24-2017 12:35 AM
08-24-2017 01:07 AM
@jonolach5 wrote:
Mr Brian A Foulds
Please contact me at your earliest convenience as I still have not received the guitar back . Legal action will be taken as you've blocked me on the site and eBay is looking into this case .
I suggest you reply asap so we can sort this matter.
The majority of ebayers do not read the discussion boards so it is unlikely that this person will see your post. Were you the seller? Did you refund the buyer before you received an item back?
08-24-2017 02:40 PM
Please contact me at your earliest convenience as I still have not received the guitar back .
Are you the seller that tonewoody was dealing with earlier?
If not, please start your own thread.
If you are, you are entitled to demand a return before refunding.
If the item has not been returned, you are not required to refund.
Neither party can have both the item and the money, being the principle here.
08-25-2017 01:29 AM
Yes I am the seller he was buyer he has blocked me and not answering any of emails or anything . Not sure what to do ... I do have his address and # I can have the police involved can I not ? This is theft ... Not sure what to do
08-25-2017 01:36 AM
08-25-2017 02:03 PM
This is getting interesting.
Unfortunately, you may have given the buyer a gift.
He also just landed on several Blocked Buyer Lists.
You may have to take this one to Small Claims Court.
You don't need a lawyer. The only time I used it, filing was $25, but that was over 20 years ago.
You and the defendant (if present) present your case in front of a real judge who can either make a legal judgement or mediate a sentiment.
Best wishes.
08-25-2017 05:37 PM
08-25-2017 08:58 PM
It may catch his attention.
And it might be cheaper than a lawyer's letter.
Because you sent the refund before the return, you may have messed up any theft charges.
Or on the bright side, he may just be letting you stew, because he is mad at you, and will eventually (I hope sooner) return the guitar.
You can also ask Paypal to cancel the refund if it has not been accepted. Just in case.
08-26-2017 01:46 AM
08-26-2017 02:10 AM
Well, no.
It would be costly for him to travel to Ontario to appear at the hearing.
You don't have to go to the Territories.
Perhaps a collection agency?
08-26-2017 10:01 AM
08-28-2017 08:37 PM
@reallynicestamps wrote:Yes. You should have used Not As Described.
I disagree. Totally. The first thing to do is try to work it out with the seller. Give him a chance to make things right. If he doesn't - then and only then - open a claim. Just like feedback is the last thing to do when a transaction goes wrong, communication is the FIRST thing to do!
08-28-2017 08:43 PM - edited 08-28-2017 08:44 PM
Sorry, didn't read the whole thread before responding. Still, my response would be the same... except maybe not open a return request, but just send a message to work things out...
Hope this buyer will do the right thing and return the guitar like he wanted to do in the first place.
08-31-2017 01:31 AM
08-31-2017 09:57 PM
This is certainly a, um, interesting development given the nature of this thread from a year and a half ago:
https://community.ebay.ca/t5/Buyer-Central/Canada-Not-as-Described-Return-Part-2-How-to-contact-CS-t...
09-05-2017 08:31 AM
@marnotom! wrote:This is certainly a, um, interesting development given the nature of this thread from a year and a half ago:
https://community.ebay.ca/t5/Buyer-Central/Canada-Not-as-Described-Return-Part-2-How-to-contact-CS-t...
My gosh... this buyer seems to be a professional scammer....