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Old 03-07-2013, 09:14 PM
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Default Buyer Returned Item Not As Described, Seller Claims Damaged Upon Return Blames Buyer

What happens if a buyer receives an item that is not as described and appears to have been damaged during shipping...And then the seller agrees to accept a return and issue a refund upon receiving the item....But then when the seller receives the item, he claims damages onto the buyer?

Essentially, I bought an item and it arrived in not working condition and appeared to have been damaged during shipping, as it was packaged poorly by the seller. I informed the seller about the problem and requested a refund. I also suggested that he file a claim with USPS for damages, and I offered to let them come and inspect it. He was not interested in that, and instead offered to give me a refund if I returned the item in the condition it was in.

So I did, and I did it through an open case on ebay, where I provided tracking info and confirmation of delivery.

However, now he got the item back and is trying to blame me for the damages, saying it is damaged even more than I described.

Could ebay decide in his favor?

They put the case on hold to allow him to submit pictures before and after, whereas I have no pictures. I contacted ebay several times before returning it to make sure I had done everything by the book, and they never said I needed pictures to prove anything and qualify for buyers protection refund. They said to just return it and provide tracking info, and once he signs for it, I would get a refund through buyer protection if he refused to give me one.

Last edited by ldys; 03-07-2013 at 09:18 PM.
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Old 04-19-2013, 12:08 PM
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Generally Ebay rules in favor of the buyer in disputes where the issue is non-receipt, if the seller is unable to prove delivery with tracking.

But in situations such as you describe, could go either way. As a seller I once sold something where exactly this happened, but I just agreed to re-sell the item, refund in full. I relisted and documented the damage in the new listing. Since it was a very expensive item, I ended up getting pretty much the same sales price during the relisting.

Let us know how this turns out for you.
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