Item damaged during return shipping

[regineb_b]

Hi everyone, I'm not new on Ebay but I have a very limited experience dealing with returns. Could you please give some advice on the following case as to what should be my next step.
A buyer from US returned a silver ring choosing "bought by mistake" as the reason. The return was accepted automatically according to Ebay policy so I didn't provide any return shipping instructions. The buyer shipped it with UPS which charged me $100 for brokerage fees and customs (the ring was sold for 199$ USD). I paid the import fees and the package arrived today. However, the packaging was damaged (the buyer re-used my original package) and the ring was damaged too, it is deformed.
According to Ebay I can open a case against the buyer or try to come to an agreement with them.

[femmefan1946]

The buyer shipped it with UPS which charged me $100 for brokerage fees and customs

Let's start with this.

The customer should have marked the shipment as Returned Merchandise.

Now you have to contact CBSA and show them what it actually was, and get a refund on that payment.

Errr... did eBay give the buyer a UPS return shipping label? Or did the customer have that bright idea herself?

Compare the cost of return shipping by USPS First Class International Package which give a Confirmation of Delivery.

In my opinion, you do not owe her the full amount of her original purchase , but only the payment less your costs including shipping and the difference between UPS and USPS shipping.

tyler@ebay  Would that be correct?

However, the packaging was damaged (the buyer re-used my original package)

Did she use all of your original packaging?

If so, your packaging was not sufficient to withstand shipping and you have to take some responsibility for that.

[regineb_b]

Hi, thank you for a quick response. Regarding the customs fees, it's only GST (about $20) and $60 UPS brokerage fees which I'm not getting back from them I guess even if CBSA refunds the tax back.
I don't know if the buyer chose UPS or Ebay gave them a return label. The buyer didn't answer my question when I told them I had to pay fees (I suspected a scam on their behalf to get the item sent back to them).
They used all of my packaging which withstood the shipping to the buyer (however lesson learned). Isn't the UPS responsible for the damage? Shouldn't the buyer file a claim at UPS?
At this point, what will happen if I ask Ebay to step in? They say I might get a defect if I loose the case. I still have to pay to get the ring fixed to be able to resell it.

[pjcdn2005]

eBay doesn't usually provide a label for international returns so I'm sure that UPS was the buyer's decision.  Since it was a buyer's remorse return and the buyer paid for the postage, it is their responsibility to send it safely however I'm not sure what would be best to do in this case. Generally, a seller asking ebay to step in does not have good results for the seller.  If you were TRS you could deduct up to 50% of the refund since the item was returned damaged. You can withhold the original shipping amount since it was a buyers remorse return.  Have you contacted the buyer about the damage yet?

Any suggestions tyler@ebay  ?  

[tyler@ebay · Accepted solution]

Thanks for the tag @pjcdn2005 - this whole situation is interesting. 

We'd consider an item returned to you even if it was scanned as owing customs or duties, and would ask you to issue a refund if asked to step in. 

Because it was a remorse return reason, original shipping can be withheld (if it was initially charged), but there isn't a lot of recourse if the item arrived damaged. 

I do recommend contacting CS to have them review the situation, but I would specifically let them know you're looking for their input - not their assistance. If they review and let you know that we'd ask you to issue a refund if asked to step in I would issue the refund through the return without escalating it. Thanks!

[regineb_b]

After contacting CS and asking them to review the situation I was told I could refuse to refund and Ebay "would respect this decision". They added right after that I could then appeal the case but the appeal was not guaranteed to be resolved in my favor. I would get a defect if the buyer escalated or if I decided to escalate. They said I could try to work with the buyer to get UPS approve a damage claim. Given my online research about UPS claims and their packaging requirements I decided that our chances to get the money from UPS were slim.
So after analyzing my options, I decided to issue the buyer a full refund. This way at least I get my sale fees back and avoid (I hope) a defect.
So now I have to pay to get the ring fixed ($ ?) and I paid $100 to UPS of which I would like to get at least the GST/HST back ($31). Does anyone know if I can use the usual CBSA informal adjustment request form since it's for non commercial use only? In my case the buyer specified "Gift" while it should be "returned merchandise", right? Only it's not me who returned it, it was returned to me.
Also, I'm wondering was there anything I should have done differently from the beginning, besides more robust packaging? How to avoid another case like this? I'm an occasional seller and selling almost at cost so I cannot afford losses like this.

[reallynicestamps]

Does anyone know if I can use the usual CBSA informal adjustment request form since it's for non commercial use only?

If you don't ask them , they can't say yes.

In my case the buyer specified "Gift" while it should be "returned merchandise", right?

Exactly.

I'm wondering was there anything I should have done differently from the beginning,

Send your own return shipping label.

You can buy USPS shipping labels through Shippo. There is some manual entry needed.

Although most buyers are not as scatter-brained as yours.

[regineb_b]

So I would have to pay for the return shipping even if they changed their mind?
Actually, it would have cost me less, so it looks like the right solution. Has it been available for a long time? I wasn't even aware it, thank you.

[pjcdn2005]

 You are not required to pay for return shipping for buyers remorse returns unless your listing states that you have free returns.   Although as you said, it may have worked out less expensive for you.  Yes the Shippo option has been available for a while.