Gave Buyer full refund, then buyer turned around and sold it again? Any recourse

[rad456]

I listed and item and used eBay's prefilled information unsing the UPC code. Buyer purchased, item shipped, buyer recieved, buye r emailed saying item was not as decribed. Turns out the picture on the prefilled infotmation from eBay was incorrect and reported it to eBay and was later corrected. . Gave buyer full refund and was told they would reutrn if I paid the shipping back to Canada. Cost of shipping didn't seem to be worthwile for the item's value. But did ask the buyer if they woudl sell it on my behalf. No response

Buyer turns a round and sells the item for the same amount I sold it to him for. I'm out $$ for item and postage, They sell the item and make full profit?

Any recourse?

[momcqueen]

None. At least none that I'm aware of. I'm sorry to hear you had this experience.

With an Item Not As Described case, in my opinion as a seller, it is always better to get the item back in your possession to mitigate your losses. When you abandon it and refund without obligating a return by the buyer, you are effectively giving it way for free. That buyer can then do with it whatever they like and took your advice that selling it would be a good idea. 

The second problem is with the Product Catalogue. If the item did not match what was shown to you in the pre-filled item specifics, you really should call ebay and report it as an error. Otherwise, they will never know. Explain to Customer Service how this lost you money. Big time.

[momcqueen]

Oh, I see. The error with the Product Catalogue was later corrected. 

In that case, I'd launch a complaint with ebay directly. If the image was incorrect and you can prove that you used it in good faith, you may be able to advocate for something equal to the loss you took on the transaction. Be polite but firm. Report back if you succeed. I have been successful in lobbying for compensation when ebay has made errors with my transactions that were beyond my control, you may be as well. Be professional. The Customer Service Reps do have some leeway. Good luck. 

[momcqueen]

Ultimately, however, your problem is with ebay and not whatever the buyer did with your item. You effectively abandoned it when you allowed the buyer to keep it without issuing your Return postage payment or label.

[rad456]

The item was a DVD ... so really was a toss up. I'm already out my intilal cost of the item + postage refund to the buyer.. The return postage from US to Canada was probably almost the  item's value. So I did ask the buyer if he would sell it for me, but no response

Yes I reported to eBay and told them picture was incorrect and they updated the catalog

[momcqueen]

If ebay changed the image in the Product Catalogue after you reported it was incorrect, then I would believe your case for compensation from ebay for the loss on this transaction is strong. 

The buyer did noting wrong here. You refunded him without obligating return. He can therefore do whatever he likes with it. 

Talk to ebay about getting compensation. 

[jt-libra]

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@rad456 wrote:

The item was a DVD ... so really was a toss up. I'm already out my intilal cost of the item + postage refund to the buyer.. The return postage from US to Canada was probably almost the  item's value. So I did ask the buyer if he would sell it for me, but no response

Yes I reported to eBay and told them picture was incorrect and they updated the catalog

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I sell DVD's as well, but I rarely use the stock photo provided with the UPC.   There can be several different covers, all with the same UPC.  I search images online until I find the one that matches the one I'm selling .... if I can't find one, I use my own picture.

Something I didn't know for a long time after I began selling DVD's -- a lot of Americans do not like the bilingual cover and text of DVD's that are distributed within Canada.  These are primarily collectors who are very, very particular about the DVD cover they select.

I'm sorry this happened to you .... I'm sorry these types of things happen to all of us.  Our profit margins are small enough without issuing unwarranted refunds.

[momcqueen]

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jt-libra wrote: .... Something I didn't know for a long time after I began selling DVD's -- a lot of Americans do not like the bilingual cover and text of DVD's that are distributed within Canada.  These are primarily collectors who are very, very particular about the DVD cover they select.....

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Absolutely. With the diecast cars in particular that I sell, collectors have very strong feelings about whether the card is issued in English-only, a modified International version with four to eight translations, or the 12- to 18-language version. The packaging is a big deal to many people on ebay. If it wasn't, they'd just go ahead and grab any old thing. 

[femmefan1946]

I understand why sellers use the stock pictures, often they are better than the ones we can take ourselves.

But I think if the seller has the item in hand, adding his own picture, no matter how poorly composed, gives the buyer confidence that the seller actually can ship what he is selling, and it won't be coming from a way station in California or a warehouse in Guangdong.

It might even encourage the seller to look at the picture more carefully to make sure what he is uploading is what he is selling.

Please OP don't take this as any criticism of your situation. You got caught in someone else' s mistake.

[Anonymous]

More and more and more Production Catalogue are not to be trusted and I no longer used them to protect myself.  It is just not worth the hassle.  Same with stock photo.