Can I sue Ebay?

[dhruvimeht-4]

I am furious with eBays system for handling false returns, the eBay money-back guarantee and taking a side with the buyer when it is clearly the buyer's fault here. I sold a Dell XPS 12 on eBay and specifically marked No Returns, but a buyer somehow got a return through eBay. I assumed that this would fall under the eBay money-back guarantee, which is not organized again. The buyer chose that the problem was that the product was not what was described, but in his actual written reason, he just said he didn't want the product! So I just forgot about it until one-day id decided to file a claim with eBay. I swear, nobody read my claim, and within maybe 10 minutes, I got an email that said your claim was denied and that I had to ship the product out. So I appealed, and the same thing happened; within ten minutes, I got an email that my appeal was denied. It felt like a bot was marking all the claims and appeals from sellers to denied. Before this, I had contacted eBay numerous times, and they take maybe 2 to 4 hours to come back to you on the phone. Now, I contacted them and tried to explain what had happened, but nobody would listen. So, after maybe a month of this going back and forth, I said, hey, screw it. Let's accept the return. So I paid my own money, made a shipping label, uploaded it, and contacted and texted the buyer. Before this, I was reaching out to the buyer but hey, no response. After this, I was in a pickle. My buyer had my laptop, and eBay had my money. The buyer hadn't shipped the product out, so I kept contacting eBay, and one time, a person said that because I was appealing and the appeal was denied, the buyer could keep the product and the money. I litter said **bleep**. Another person said to contact PayPal, and the organization between PayPal and eBay is just **bleep**. I contacted PayPal, they said to contact eBay. I contacted eBay; they said contact PayPal. **bleep**! Now I have neither the product nor the money, the buyer hasn't shipped it out for a month, and I can't get either back. So, can I use eBay and/or the buyer over this situation?

[cumos55]

It is time to read the eBay User Agreement.

https://www.ebay.ca/help/policies/member-behaviour-policies/ebayca-user-agreement?id=4259&st=3&pos=1...

This is what each seller agrees to do when they register to sell on eBay.

[donkeykongvsbowser_7]

Can’t you cancel the order?

[cumos55]

Go to the User Agreement and read the section .........

Section 20 - Legal Disputes

[mcrlmn]

Well, lawyer fees are out, as the retainer will eclipse the value of the laptop you sold.
But you can take on eBay yourself.
You'll probably lose either way.
And when you do, the court will likely find you responsible for eBay's incurred legal fees.

You can scream "No returns" from the roof tops, but that doesn't mean there's no returns.
When I'm buying, I don't ever look, and if I notice, ignore any "No returns".
Because I can return it.

My experience with not as described cases is that you send a label, the buyer ships the item back, and eBay tracks it back to you.
If the buyer doesn't ship, no tracking is ever initiated.
No return activity on the case, and eBay will eventually close it in your favour.
It's a slow process, but it works.
I've only ever had one person actually return an item.
The others never followed though... "What? I have to send it back?"
Typically it's remorse, or they're grasping for money.

[electronicifycanada]

I believe your situation is more geared towards mail fraud against the buyer and not eBay. That's a matter your supposed to handle with the buyer either through legal or civil matters.

I feel eBay should be relaying this message to it's sellers but I know they won't ever say it because it makes them look really bad. Don't ever sell anything on eBay your not willing to get stolen. 

[mcrlmn]

Read the OP's rant again.
How is this mail fraud?
The buyer says he doesn't want the product.
He's obviously received it.
The buyer wants to return it for a refund.
The seller doesn't want it back because he doesn't accept returns and wants to keep the money.
It's 'geared' to eBay does accept returns, and the seller is PO.

[dhruvimeht-4]

I can't, it has already been shipped, returned, and appealed.

[dhruvimeht-4]

PO?

What does that mean?

[motomike_canada · Accepted solution]

---

@mcrlmn wrote:

My experience with not as described cases is that you send a label, the buyer ships the item back, and eBay tracks it back to you.
If the buyer doesn't ship, no tracking is ever initiated.
No return activity on the case, and eBay will eventually close it in your favour.
It's a slow process, but it works.
I've only ever had one person actually return an item.
The others never followed though... "What? I have to send it back?"
Typically it's remorse, or they're grasping for money.

---

100% .. I (almost) always accept after asking a couple clarification questions, and then print a return label for them.

I had a buyer recently claim an item i sent was counterfeit (it wasn't, new in package from motorcycle manufacturer). He ordered for wrong application, wanted immediate refund.  I printed a return label for him that never got used... waited.... waited... called ebay who told me to wait longer..

60 days (?) later it was closed due to inaction on buyer.  

It's happened a couple times, and with PayPal they give them 180 days to return. So one buyer got denied refund in eBay because he never sent the item back even though I sent him the label.. He took a second kick at the can with PayPal who this time told him it was up to him to return it. He never did, so they closed it out again.    Funds being held was annoying, but ended properly eventually. 

[dhruvimeht-4]

What did you do?

[brettjet38]

..just another confirmation and another reason not to sell, resell, or deal in "Problem High-Risk Catagories".

Also, you agreed to eBay Terms and Conditions, their site, their rules...

[mcrlmn]

"PO?

What does that mean?"

Peed off or pi**ed off or  POed

Take your pick.

[mcrlmn]

"PO?

What does that mean?"

Peed off or pi**ed off or  POed

Take your pick.

[motomike_canada]

---

@dhruvimeht-4 wrote:
What did you do?

---

I was patient. 

Buyer still needs to return the item. 

If no tracking is provided and you don't receive the item, eBay should close in your favour .. the whole process takes weeks/months though because the idea is to give the buyer time to actually send it back. 

[dhruvimeht-4]

If I provide tracking, then?

[danrei-7010]

Amen. Ive gone through this a few tines. Ebay was a guarantee that they ahould honour. They allow you to put no refunds..then make you pay for there guarantee. Ebay is a scam

[femmefan1946]

EBay does not allow a policy of No Refunds.

EBay does allow a policy of No RETURNS (note spelling).

A No Returns policy is useful when the seller would rather abandon the item (especially if it is damaged in transit, not uncommon in the "pottery and glass" category) because the return would not be economical. Or if the item costs more to ship than to replace.

But the seller is required to refund the unhappy customer.

The seller with a No Returns policy is allowed to demand the return, however, before refunding.

A better policy would be No Refunds without Return.

[litono]

EBay is terrible, they don’t care because your money and not their money, hopeless with stupid ebay system

[femmefan1946]

If you have a specific problem, post it as a new thread.

You may get some specific advice.

[premium-audio-tubes]

read your user agreement .Pay attention to opt in or opt out.You may have already lost your right to commence litigation