Help with an item that arrived broken from England
Good evening everyone, I’ve been here on eBay since 2005 and I’ve always had a great experience. I want some help on how I should handle this. An amplifier arrived from England broken and packed very badly, I asked eBay for help and they refunded me everything including customs and shipping, but they didn’t ask me to return it. In the meantime I took it to a repair center and paid the costs to get it repaired. eBay didn’t ask me to return it but refunded everything. At this point I’m asking you how should I behave? I don’t want to pay for any return since it costs an astronomical amount for England. Should I keep the item? And the refund? I repeat, eBay only wrote to me that they will refund everything but didn’t write that I have to return the item. I’m waiting for your replies, thank you very much everyone, big kisses
heavenwelkin
·2 years agoIn the end, don’t sit there driving yourself crazy over it too much; otherwise what are we buying from marketplaces with electronic payments for if we then risk getting criminal complaints?
The offense of misappropriation does exist, but it needs to be put into context.
If I buy an item online through electronic payments, it’s the system itself that protects me and has all the procedures available that allow the seller to get back his item.
The situation is different when a seller and a buyer personally agree to the purchase of an item with payment in cash, bank transfer, check, or other unprotected payment.
In this last case there are no intermediaries like eBay or PayPal that protect us, and the seller could even report you for misappropriation if you don’t return the item after he has refunded you.
Then, if you were to receive a complaint for misappropriation from the buyer, you could easily rely on the fact that the sale took place on eBay and that it is eBay the seller should turn to, not you, thus violating your privacy.
Let’s say that in the worst-case scenario, if the seller were crazy enough to report you, you would have a way and means to defend yourself and maybe ask for damages.
Kind regards.
marioelegio
·2 years agoI wouldn’t be so sure.
The decisions made by the intermediary have no legal value, meaning that the fact that eBay doesn’t care about the return does not transfer ownership of the item.
Without payment, you have no rights.
That’s why a formal notice of availability is suggested and, once the deadline has passed, you at least have proof that the other party has waived its rights to the item.
Then of course everything has to be considered taking into account the value of the item.
hi
mario
heavenwelkin
·2 years agoIn this specific case the seller has given up claiming the item; it would have been different if the seller had contacted the buyer to get the item back and had not received any response.
Then we are talking about a seller who is in the UK and not in Italy, so we also have to be realistic.
What’s the point of keeping the buyer anxious if the seller is no longer claiming his item and/or does not want to arrange to collect it?
There are shipping costs and customs costs that are the seller’s responsibility.
Since I do know how you see it on this matter anyway, given that we always clash over this point.
I’m interested in helping the buyer, so...
I’m asking chat gpt.
Then if you have concrete, not theoretical, evidence of successful lawsuits in similar cases by a seller, I’d be happy to say "you were right".
Best regards.
heavenwelkin
·2 years agoAnother extra element available to the buyer and to all forum readers.
Then everyone can draw their own conclusions, of course.
Best regards.
heavenwelkin
·2 years agoIf eBay didn’t ask you to return the item, it means that during the dispute the seller didn’t respond or didn’t send the return label within the expected time.
So what happened is that eBay closed the case in your favor and the item stayed with you because the seller did not take action to get it back according to the site rules.
If the seller didn’t bother to get the item back during the dispute, I doubt they’ll want to do it afterward.
For eBay, the matter is closed.
If you really want to make an attempt, try contacting the seller, but in my opinion it’s a waste of time.
As for the rest, enjoy the item you had repaired.
Kind regards.
marioelegio
·2 years agoYou shouldn't have had it repaired, you were refunded and the item has gone back to its owner's property. Ebay isn't interested in the matter, but if the amount is significant, he could very well report you for embezzlement.
Follow Von's advice and contact the seller, tell him you're willing to return it to him if he sends you a prepaid return label. Also tell him that, if he doesn't arrange the return within 15 days, you'll be forced to get rid of it. Once 15 days have passed without any news from him, you can do whatever you want with it.
hi
mario
vonbalden
·2 years agoWhat was a 200-watt Marshall like the ones Jimi Hendrix used back then? If it arrived broken, the costs are on the seller, have you never looked into the platform rules? Contact the seller
in English, work it out and pack it properly. Have them send you a return label. Or better yet, go to the help page and read the return rules. You'll avoid a lot of questions to sort out. Hey! Didn’t they accidentally send you a Fender Stratocaster? Best wishes from von