Problem with Ebay Authentication Guarantee

[sctal17]

I bought a $650 pair of sneakers from Ebay that were covered by their authentication guarantee.  The seller states that they sneakers were in good condition with no defects when he shipped them.  They arrived damaged and are practically unwearable due to a warped/melted sole, as if they were exposed to heat or something.  Ebay claims it is a manufacturing defect and that there guarantee doesn't cover manufacturing defects.  How can it be a manufacturing defect if the shoes didn't have the damage or flaw when they left the seller's hands?  I've filed an item not as described return which they denied and they then denied my appeal.  Is there anyway to escalate this to Ebay?  Order #21-14345-97575

[1956glyn]

Does the listing actually mention the damaged sole?

Is it shown clearly in the pictures?

IF not i cannot understand why the authenticators passed them as item as described.  Items generally must be fit for use and these do not sound as if they are.

You may have to fight a little BUT i would definitely consider doing a chargeback with my payment provider if i were you.   Item not as described and not fit for use.

[1956glyn]

I just noticed that you appear to be across the pond and in the USA so your rules may be slightly different to ours on our Uk site and/or legal requirements when it comes to online selling and buying. 

[sctal17]

the listing doesn't mention the damage nor is it discernible in the listing photos.  The seller claims there were no defects or damage and that EBay or the shipper must have damaged the sneakers.

[1956glyn]

In that case then if i were you i would try and do a chargeback with your payment provider.

[tressygirl]

I think chargeback is called dispute or a disputed charge in the States.

@sctal17 

[1956glyn]

 I should also have added Legal Protections: Credit card chargebacks are regulated under Regulation Z of the Truth in Lending Act, while debit card chargebacks are governed by Regulation E of the Electronic Fund Transfer Act.

[eyewear247]

Was it not of been possible to request a return "not as described" ?

[1956glyn]

Hi the Op says they did and it was denied as well as their appeal 😞

From what the OP says this just does not sound right but i am wondering if the rules are different in the USA?

[sheba-knows-best]

Hi.

First off, if the trainers were fine in the photos you should have filed for ITEM ARRIVED DAMAGED. That means the seller won't get involved. S/he is already covered. All you have to do is show the damage to the trainers that is different to the pictures. And prove the damaged trainers are the ones in the pictures. By opening INAD (Item not as described) you muddied the waters if they were described correctly according to the photos.

In my experience:

in the UK: If the buyer opens an INAD, the seller has to take it back even if it passed the authenticity guarantee. Seller pays postage both ways (even though it passed! don't get me started...grrrr)

However I have no experience of an INAD after an authenticity guarantee that has gone to the USA.

A thought. Have you filed many INADs? On this account or any others. Domestic or international. Your history will count towards how eBay has treated you in this situation. Presumably, the seller's history is clean of anything similar or your claims would have rung alarm bells with ebay already.

If your history is also clear, I would ring customer service (or request a callback) and explain the situation. Have screenshots (as I suggest above) at the ready.