Is there any Seller Protection when dealing with a "maybe" damaged item received in the US?

[surrealgirl1]

I'm unfortunately dealing with a seasoned scammer potentially and am starting to shake my head what protection I have as a seller? This Buyer claims 7 days after receiving item arrived that its broken but hasn't sent me photos yet. Buyer got combined discount shipping two items together and completely got a deal on items won. Buyer purchased no Insurance or Tracking and my auctions clearly state no returns. Buyer admits her delivery carriers are always rough with her parcels and she has many damage claims but she admits she has not reported them. Buyer now expects full item refund. shipping refund and to keep "broken" item or i pay for return shipping to me.

I have offered refund for item and I provided tracking free.Item is family heirloom and not replaceable. Can Ebay seriously award her a refund for item shipping and me pay return? If so I seriously don't see how a Seller is protected from scammers or buyers misusing canada to usa "insurance" policies knowing Canada seller has disadvantage. She resells this same china and currently even is reselling same bowl she claims is broken on a different site right now. I am both a Buyer and a Seller and very fair but this seems ridiculously one-sidedly unfair no?!

[femmefan1946 · Accepted solution]

Buyer purchased no Insurance or Tracking and my auctions clearly state no returns.***

So you sent it LetterPost or Light Packet? Those are the only two Canada Post services that are not insured for up to $100 against loss or damage in shipping.

These are limited to items less than 2 cm high. This means your item was almost certainly insured automatically.

Small Packet USA is not "tracked", but is insured by Canada Post. Expedited USA is "Delivery Confirmed" which is what Paypal calls "tracking". It is also insured up to $100 by Canada Post.

So.

Ask that the damaged item be returned for a "full refund". This is the standard practice based on Paypal's policies. While she should be using a Delivery Confirmed method, she may be willing to trust that you will in fact refund when it arrives, DC or not. (Dishonest people are less likely to be this trusting.)

The return will cost her something over $20 for Global Priority shipping. Much less if she uses First Class International which is not Delivery Confirmed.

Because of the other issues you mention, I think you should insist on the return, in the original packaging "so that I can learn what problems my packing may have caused". EBay and Paypal will stand behind the demand for the return and will not  refund until she can prove delivery.

When the item is returned, examine it. Remember, she may be completely honest and the damage may have been caused by poor packing and rough handling.* Or you may get back an entirely different piece.

If you get back the same piece and it is not as you described it, you refund BEFORE PAYPAL** does. Then you go to Canada Post with your insurance claim. Phone, don't go to the local PO and don't email. The phone clerks are much more helpful.

*The PO reminds us that packaging should be able to withstand their automated conveyor belt system. A parcel may drop two feet from one belt to another and then have the next parcel, which weighs 50 lbs, drop on top of it. Is your china ready for that?

**You do NOT want PP to refund and then come after you. Try always to settle before the customer goes to eBay/PP. If you lose a case, it goes on your record and costs you in restrictions on listings (number and value), lower placement in Search, and loss of TRS fee discounts.

***You cannot ask the buyer to pay extra for insurance or Delivery Confirmation. And as noted, these are either automatic with Canada Post or not available at all. Don't copy the Terms and Conditions of other sellers. They are likely to be wrong, especially if the seller is dealing with an entirely different postal system.

When you state "no returns" this does not prevent refund claims. They are not the same thing. And because saying no returns is a challenge a legitimately unhappy buyer may go directly to a Dispute instead of discussing and resolving the problem with you.