Ebay gives the buyer right despite the description saying the product was defective
After so many years it happened to me too and I couldn’t believe it!!!
We’re in 2022 and even I, although I’m not a professional seller, can say that there is a real lack of protection for the seller.....
My product is made of metal, so that already means it’s sturdy.... but in the description, besides writing that I do not accept returns (apparently this rule doesn’t apply to eBay....so at this point what’s the point of stating it?!?!) ..... I specify that the product could have DEFECTS OR BE DIFFERENT FROM THE PHOTO.!!!
I shipped the product as always within the expected timeframe.... and the package arrives IN GOOD CONDITION at its destination..... after 2 days the buyer says it is broken and immediately opens a dispute....
Immediately after, I automatically receive the communication that I must pay for the return of the goods (I’d like to point out 50 euros to ship to the buyer and 50 euros to send it back). Obviously having to pay the return shipping would have been madness and so I did not accept.
I got a negative feedback (I think the first in 10 years or so) and automatically after a few days they refunded the money, charging it back from my account. I appealed....but after 10 minutes, they rejected the request.
In the appeal I stated what I HAD DESCRIBED IN THE LISTING... but nothing to do!!!
At this point I lost 250 euros as if nothing had happened.
I should point out that the buyer had only 3 feedbacks.... I have at least 30..... I’m sorry, I’m so disappointed.... now I’ll post less and less because I’ll find other selling methods.
I’m even tempted to think who knows, maybe eBay will rethink its rules and take another look at my case too; in that case they might even arrive at a paradoxical compromise like giving us back half the price and making the return shipping the buyer’s responsibility....
fasamix
OP4 years agoThanks Colombo for the clarification, which I’ve now indicated....
however, in the description I indicate: SINGLE USED ITEM IN GOOD CONDITION TO BE CONSIDERED BUYABLE EXCLUSIVELY WITH THE SOLD AS SEEN FORMULA. NO RETURNS PROVIDED.
If the description “is worth nothing” and isn’t even considered by ebay or whoever handles the dispute.... well, then anything is doable.
If on principle I were to get a lawyer, I think ebay could also have problems later because that is WRITTEN and not implied... so the description better specifies what I mean and what maybe in the basic settings can’t be entered.
FOR EXAMPLE; even a magazine, you buy it....you read it and maybe one page interests you, you tear it out and then file a claim for a refund.... and you lose the dispute too (with negative feedback ....fees etc).... Now I understand why so many complain.
marioelegio
·4 years agoFeel free to check with a lawyer, they’ll definitely tell you that every clause (even if WRITTEN and not implied) that goes against the law is automatically void.
So you can write lots of things but they will have no value, contractual or legal.
THE SOLD AS SEEN FORMULA doesn’t apply on the web; from the photos the buyer only sees what the seller shows them and it can only be applied to whatever is expressly described as a defect in the listing.
NO RETURNS ACCEPTED doesn’t hold up in law. In case of non-compliance, you cannot refuse the return (articles 1490 and 1495 of the Civil Code).
hi
mario
mappao
·2 years agoThe Court of Cassation thinks differently...
marioelegio
·2 years agoRegarding what?
To the right of return in case of non-compliance?