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FORMAL NOTICE TO EBAY
Summary: cittadelvino-61 sent a formal notice to a seller on an online platform, disputing how a dispute over a product conformity defect was handled and citing Consumer Code regulations. cittadelvino-61 is requesting a review of the case so that the legal protections can be applied at no cost to the consumer. sika700 replies that the message will not be read by the platform and suggests that the reason for the return was entered incorrectly.
FORMAL FOLLOW-UP TO EBAY
(strict version, institutional, compliant with regulations)
Subject: Formal follow-up – Non-compliant handling of dispute no. 5383347809
Dear eBay,
with this formal follow-up I am reporting that the handling of dispute no. 5383347809 does not comply with the current consumer protection regulations.
Your request to provide a shipping code is legally improper, since the case concerns a lack of conformity of the product under Articles 128–135 of the Consumer Code.
In such circumstances, the consumer is not required to make any return at their own expense, nor to provide a shipping code, especially when the recipient of the item is unable to manage the procedure.
The seller ignored the communications and did not provide any solution compliant with the law.
Your automatic response, which imposes a return not предусмотрed by the regulations, constitutes a failure to protect the consumer and an obstacle to the proper handling of the dispute.
Therefore, I formally request:
the immediate reopening and review of the dispute;
the assessment of the case as a lack of conformity and not as a simple return;
the application of the protections provided by law: replacement or refund at no cost to the consumer.
In the event of further lack of cooperation, I will proceed to submit:
a report to the AGCM – Competition and Market Authority for obstruction of consumer protection;
an open case with the EU ODR platform, mandatory for marketplaces;
transmission of a formal warning PEC to the seller, with attached documentation relating to eBay's non-compliant handling of the dispute.
I await your response in accordance with the regulations.
Kind regards.
marioelegio
Mentore2 weeks ago... You didn’t follow the procedure set out by ebay.
If you stated the correct reason for why you were requesting the return (item not as described because it matched the description, damaged or defective), the seller had three working days to send you a prepaid return label. If they didn’t do that within those terms, you should have asked ebay to intervene with the appropriate procedure and within the correct time limits, not with this pointless message. https://www.ebay.it/help/buying/returns-items-not-received-refunds-buyers/chiedi-ebay-di-intervenire-acquirenti?id=4701&st=3&pos=1&query=Chiedi%20a%20eBay%20di%20intervenire%20-%20acquirenti&intent=chiedi%20ad%20&lucenceai=lucenceai&docId=HELP1382
bye
mario
sika700
Mentore2 weeks agoeBay will never read here!
Obviously, you didn’t handle the return request correctly, by giving an incorrect reason.
Best regards.