When Ebay decides - do you have to obey?

[Baby Mischief]

Ok, I am far from an expert on the Ebay regulations and I never had to escalate a case before. But this seems to be my first..

I bought a lot of ponies stated MINT in packages, thinking I was going to keep one and use the others to trade with. But when I recieve them, most of them have issues, like head/body-mismatch, etc. I contact the seller right away through "other question" so I wont open a case as soon as I contact him. I do not want him to feel like I am threathening him. I tell him that their value is way lower than what I have payed, because of their issues and that I would like a partial refund. He just tells me that he doesnt do partial refunds and that I can send them all back for a refund. That would cost me 27USD to send them back! And I know I have to pay for that myself..

So I opened a case and he still refuses to give me a partial. I have decided to escalate the case now. Am I out of line here, or should I escalate? Do I have a chance to win this? I guess what I most of all want to know is, if Ebay decides in favor of the seller, do I HAVE to send the ponies back? What happens if I dont?

I am so stressed out because of all this. I hate those kind of things and usually I just back down. But I payed a lot of money for those ponies and I feel like this isnt fair...

[kitkatvintage]

Unfortunately eBay gives an "all or nothing" decision. They won't force a seller do a partial refund. If they force the seller to take a return, the buyer has to pay for shipping back to the seller, BUT the buyer will be refunded their purchase price and original shipping cost paid to the seller. In the end, both parties lose out on the shipping costs which is why some sellers will work out a partial refund.

[Pumpkin]

I had a similar problem a while back. First answer by eBay was as described above by kitkatvintage but when I went further with it the sollution changed. The first answer was automatically set. You have to try to continue then they will take a look at your case apart. I've got all my money back even the postage! Maybe I got lucky but it is possible.

I'm sorry this happened to you I know how it feels like  :hug

[ponylady]

Kit is right. Ebay will not force a partial. When you escalate eBay will review the case. If the case is found in your favor, you will be most likely instructed to return the lot and then a refund will be issued. There are some cases where eBay will refund the money on their own accord and let you keep the item but it is mainly for items under $50.

[Baby Mischief]

Ok, thanks everyone. But what happens if I refuse to send them back? I mean, I do not want to pay 27USD for absolutely nothing..

[Galactica]

So based on my own recent experience- I THINK what will happen if you open a dispute for an item being not as described- and then do not send the item back (because of shipping cost) is that you will eventually get a full refund plus you will keep the item.

The buyer will not be obligated to refund you or ebay- unless you mail the ponies back.   The case will also not count against the seller.

I think the rules are here:  http://pages.ebay.com/coverage/index.html

We guarantee that you will get the item you ordered or get your money back. We have a simple three-step eBay Buyer Protection process to assist you in case something goes wrong with a transaction. You can go to the Resolution Center and contact the seller. Most sellers will quickly help you, but if you are not happy after a few days you can easily refer the case to eBay. If you haven't received your item, or the item is not as described, we'll refund your purchase price plus original shipping on virtually all items.

In my case- the seller sent the wrong item.  It was a cheap item and I didn't want to send it back to exchange for the correct one, unless the seller paid my return shipping.  The seller refused.  I opened an "item not as described case."  I uploaded a picture of the wrong item, and explained the situation.  The seller offered to send a full refund if I sent the item back.  I explained that I would only do that if the buyer paid for return shipping.  Ebay's initial "solution" was that "the seller will provide a refund if you send the item back.... you have until 1/3 to send the item back."

Of course I didn't send the item back- the shipping would have cost me more than the item was worth.

On 1/3/14 the seller "escalated" the dispute.  Ebay issued me a FULL REFUND- based on the rule quoted above.    I had thought that it had come from the seller-  but the seller then smugly emailed me showing me that the refund came from ebay, and through the seller protection, he did not have to refund ebay or me (unless I had sent the item back).

It may be different for an international sale, but I doubt it.

[Baby Mischief]

Wow, that sounds weird. So then basically all buyers can refuse to send items back and sellers can refuse to pay, and Ebay will fix it, and the Sellers will continue to trick people on Ebay...

[Galactica]

I think if there is obvious fraud- that won't be the case, but otherwise it does kinda look that way.  Ebay is a weird place sometimes.

[lunar_scythe]

I just want to mention if you are talking about G4's, many of them have head/body mismatches to the point where that's all you can find.  smudges and dirt are also very common in them.

[Baby Mischief]

Weird indeed. Nope, Lunar, they are G1´s.

[NoDivision]

I think you would have a very hard time getting a full refund from ebay without sending the item back unless the item was drastically not as described - as in you were sent barbies instead of ponies. If you don't want to send the ponies back you should cancel the dispute.

[gypsyunicorn]

Sorry you had head body mismatch
I recently last month had a very very stinky box
Politely let seller know whatever box was previous used for they may not want to use it for mailing pony cuz some people hate smelly pony
I told them I wasn't mad at all but wanted to let them know plus I was curious to the smell, what had been in weird box before
It looked like a medical supply box
They told me it wasn't box but mothball pony
Apologized
Offered refund
I told them it was ok
Anyhow because they were so nice I declined and kept merchandise
They told me they felt bad and was going to send more stuff my way
I haven't opened it yet and I'm sure it will have mothball smell but it ok
It's not in my display or with other pony
Put it in bag next to arm n hammar to destink
Hope your issues get resolved
I guess I look at eBay like this:
Did I get the item, it is old and not all sellers can notice all flaws, if it is something obvious I politely try to work with them
For the most part it all evens out if you think about it
You get some hidden bargains and then sometimes you take some not great wins
Gotta roll with it
Better luck next time
I'm all about the approach
It's the sellers that truly care and the buyers that truly care that make things work like in my mothball example
Free is free even if free is stinky