Sold a Used Item as New on eBay
My question involves a consumer law issue in the State of: Tennessee.
I purchased an item on eBay described and pictured as "BRAND NEW." I paid via PayPal using the CC option.
The seller sent me a used, modified item of the same type. When he shipped it, he hinted at one of the modifications in a shipping notification email by stating I was getting a "gift," so he knew he wasn't shipping a new item.
I notified the seller that the item was not what I ordered and was in no way acceptable. He asked me to return it for a refund. I stated I did not intend to lose any money whatsoever in the transaction and would not return it unless he paid the same shipping that he charged me to send it, and he would have to pay it in advance.
He groused and said he was refunding my money via PayPal and adding $10 for return shipping, which is somewhat less than his original shipping charges.
He did refund the purchase price and original shipping, but did not include any payment for return shipping. He then opened a case with eBay stating that he had refunded my money and added $10 for return shipping, which is untrue. EBay only gives me two options regarding the case, agree to return the item for a refund or keep it. Neither option matches the facts properly, so I have not responded at this point.
He is now promising to refund my exact shipping costs after he receives the item, plus one dollar.
This person is not to be trusted, and I am determined not be hosed out of even one cent by this seller. What can I legally do at this point. I certainly do not want to return anything without being paid for return shipping first.
What kind of rights do I have regarding this issue. Thanks.
Re: Ebay Issue and What to Do About It
Why have you not availed yourself of eBay's Buyer Protection program?
eBay will broker the transaction and ensure that you are refunded the full original shipping, provided you follow their rules - including returning the item to the seller and providing tracking information. You are not entitled to additional shipping.
Do not delay in responding to the current case. If you refuse to respond, the decision will default to the seller, and the refund to you will be reversed. There is a box for you to tell your side of the story. Do so, and escalate the case immediately to eBay's customer service department (there's a button at the bottom of the current case for this option).
Re: Ebay Issue and What to Do About It
So your advice is to let the seller defraud me out of the return shipping with Ebay's help?
This wasn't a mistake on his part, it was deliberate.
Re: Ebay Issue and What to Do About It
If you get a refund of the purchase price and the original shipping, you're not being defrauded.
When you use eBay, you agree to abide by their rules. Their rules are really quite clear - if the seller sends you an item that is not as described, you're entitled to a refund of the purchase price and the original shipping, contingent upon you following eBay's rules and returning the item to the seller.
Go ahead and stand on principle over the cost of shipping the item back to the seller if you think it will make you feel better, but expect that if you do, eBay will find in favor of the seller and you'll just create more problems for yourself, including the immediate reversal of the refund from your PayPal account AND a freeze on both your eBay and PayPal accounts until you get it sorted out.
Stomping your foot won't change their policy, and won't get you anything more than what their policy says you're entitled to.
Re: Ebay Issue and What to Do About It
So, you are saying the eBay rules trump federal law?
(d) For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
I did not order nor consent to the shipment of a used and modified item.
Re: Ebay Issue and What to Do About It
You don't understand that law. Getting something that is different from what you ordered does not make the merchandise "unordered".
eBay's policy is what eBay's policy is. They will help you recover your original payment and shipping costs. If you want to bang your head against the wall until you violate the terms of their buyer protection policy, you have every right to do that, end up with no refund, and handle things yourself by, let's say, suing the seller in small claims court and traveling to the seller's state for court proceedings. Or you can accept the refund you are being offered through eBay's policies and, whoah, the seller may even pay you the return shipping costs. Worst case, you're out a few bucks for return shipping rather than having a small claims case that may cost you a ridiculous amount of money and time to obtain and may never be paid. Tough choice there.
Re: Ebay Issue and What to Do About It
[QUOTE=Mr. Knowitall;471988]You don't understand that law. Getting something that is different from what you ordered does not make the merchandise "unordered".
So by that standard, someone could order a $10,000 diamond ring and receive a $10 paste ring instead, and the law would consider the paste ring ordered merchandise?
I would like to see a citation to case law on this point. Can you provide one?
Re: Ebay Issue and What to Do About It
You still don't understand the law.
"Unordered merchandise" refers to merchandise shipped to you without any order placed at all. Book clubs used to do this all the time - they'd get your name from a mailing list, send books and a note that unless you returned the books within X days, you'd be enrolled in their club and owe $X for the books they sent you, unsolicited.
It does not apply to situations where you actually placed an order with the company.
There's a difference between "unordered merchandise" and "merchandise that differs significantly from what is advertised".
Your arguing is STILL not going to change the answer.
Re: Ebay Issue and What to Do About It
[QUOTE=AverageUser;471992]
Quote:
Quoting
Mr. Knowitall
You don't understand that law. Getting something that is different from what you ordered does not make the merchandise "unordered".
So by that standard, someone could order a $10,000 diamond ring and receive a $10 paste ring instead, and the law would consider the paste ring ordered merchandise?
I would like to see a citation to case law on this point. Can you provide one?
If your ordered merchandise isn't what you received, you may have civil action. However, as you have already received your payment back, that avenue is no longer open to you.
Right now, you have both the money and the merchandise. This puts you on very shaky legal ground.
Re: Ebay Issue and What to Do About It
Well, I researched case law myself. The exceptions to TITLE 39 > PART IV > CHAPTER 30 > § 3009 seem to be only mistakes and solicited items. It wasn't a mistake. His shipping email contained a statement that he knew it had been modified. It was not the item I solicited. A single specific item was for sale. I received something else, not an equivalent.
I can find nothing that indicates what he did was not illegal. I can find nothing that indicates placing an order for one thing and receiving another is an exemption from the unsolicited merchandise rules, except for an honest mistake. This wasn't a mistake. It was deliberate.
Beyond that, the sale seems to fit the term Unfair And Deceptive Practice perfectly.
It's pretty clear that I am entitled to keep it, even thought I don't want it. I have offered to return it for the same shipping he charged me, in advance. He is refusing, demanding I find a cheaper method. He is now claiming/threatening to send copies of the emails to the local PD. It has become the theater of the absurd.
BTW, no thanks to those posing as experts here for posting responses couched in arrogance. I do not include cyjeff in that category. The other two, well you seem to be here mostly for your own amusement.