What are My Chances of Winning a Return Dispute?

[triplecgirl]

Curious about how successful sellers are in a partial refund case.
I had a 0 positive feedback buyer claim a well packaged,double boxed,  metal and plastic item that would be almost impossible to break unless thrown on concrete....arrive broken.
The Fedex delivery picture shows no damage to the box. The buyer, who made no contact with me directly, but immediatley opened a refund or replacement  dispute, refused  to send any pictures to show me the damage. They just said in the dispute that the item was broken. 
I have sent a a return label, but plan to dispute it if in fact they mail it back. They can't return an unbroken item as they claim it is broken.  They must return a  broken item, and since the shipping box showed no damage, and the buyer did not provide pictures of damage,  I will claim buyer misuse. 
I am a seller with a totally clean record with no returns or complaints in almost 1000 sales. 
Do you think I will win and get a partial refund? I hope that I will as that would infact deter scammers(this for sure is in my mind), as it makes everyone pay. 

[reallynicestamps]

If it is broken, which is still unknown, you refund when you get it back.

If you don't get it back, you win the case.

If the buyer does not use the label, eventually FedEx will refund it.

Why a partial refund? You either win and keep the original payment or lose and have to pay the buyer.

Partial doesn't come into it.

[triplecgirl]

How to issue a partial refund when the item is returned in a different condition

To issue a partial refund:

1. Go to your Returns dashboard.
2. Select View return details beside the item.
3. Decide What to Refund.
4. Select the percent you want to deduct from the refund amount.
5. Add a message to the buyer explaining why the refund wasn't full.
6. Select Refund now.
   
   
   I am disputiing that  there is buyer misuse because of the intact packaging and no pictures of damage, and the unbreakable nature of the item sold. Really, does the seller have no chance at all?
7.  

[triplecgirl]

Never mind. I see I stand no chance even if I am an honest seller going up against a scammer. 

[triplecgirl]

A scammer can just smash it with a hammer or throw it  on concrete which is how you would damage this brand new item.   Since I did not let them keep the item for free, they still get the refund.  I am out no matter what.  Sad really. 

[pjcdn2005]

You may qualify for this...

Protections for Top Rated and Above Standard sellers

Top Rated and Above Standard sellers who reside in Canada are protected on items listed on eBay.ca when:

A buyer falsely claims an item was not as described

If the report qualifies:

• We will subsidize the return shipping label cost up to $8.00 per return for any false claim filed by a buyer that an item was not as described
  • The subsidy will be credited on your monthly invoice
  • For transactions to be eligible you must report the buyer - opens in new window or tab
  • Credits will be applied where we determine the buyer made a false claim

https://www.ebay.ca/help/policies/selling-policies/seller-protections?id=4345&st=3&pos=1&query=Selle...

The rules on .com and .ca are different so you may not qualify under .ca rules since you listed on .com.  More information on .com...

https://www.ebay.com/help/policies/selling-policies/seller-protections?id=4345&st=3&pos=1&query=Sell...

[triplecgirl]

I am in Canada, and list on Ebay.com as  most sales are from the US.  Max 8.00 shipping back on a 100.00 loss in best of cases. Nothing I think in my positon. Either way Ebay does not have my back at all.  No upside or fairness to good sellers here at all. No fair solution either.  The end.

[triplecgirl]

Thanks guys for the input though. I learned a lot form this.

[reallynicestamps]

@triplecgirl   You can buy USPS labels through Shippo and your  Solutions for Small Business card.

Most US scammers don't know that (scammers are not bright) and getting the form is a shock to them.

If they don't use the label, you will (eventually) be refunded.

[triplecgirl]

I did not do Shippo. I could have so thanks for that info, but did it through Fedex business account...complete with  3 pages of  customs forms.  I am waiting to see what happens.
I know I have been  ranting, and I really do appreciate your comments as they have helped me immensly.