Return (ordered by mistake) from the UK to Germany, book damaged... do I have to refund full amount?

[wokonmedia]

I already posted this to the german Ebay Community, but elke@ebay told me they can not do anything as it is a UK case and I should ask her colleagues here on Ebay UK Website.

Here is the original Thread (German Ebay Community): https://community.ebay.de/t5/Gewerbliche-Verk%C3%A4ufer-innen/R%C3%BCcksendung-versehentlich-bestell...

Translated using Google Translator und read once for correctness:

A buyer from Great Britain bought a book from me... it's a large illustrated book about motorcycles.
After a while, a return was initiated, reason: "changed my mind". There was also a message from the buyer saying that he/she had thought the book was in English... there was no need for a German book.

So far, so good or bad, because the shipping costs to the UK for a 2 kg tome are horrific, and I'm stuck with it.

But now the book arrived here yesterday, "smoothed out", no longer resellable in any way... and I'm wondering whether, as a seller to a buyer in a third country (not in EU), I am even obliged to cover the damage in full (the amount paid was € 52.15 after all).
Of course, I understand that as a commercial seller I have certain obligations... but the fact that I have to take everything back, even if it is damaged during return shipping, only applies in Germany and at most in the EU, right?

I found the following: https://www.ebay.de/help/policies/member-behavior-policies/grundsatz-zum-zustand-zurckgegebener-arti...

After that I can keep part of it...

But the eBay system only allows me to get a full refund, even if I report the damage during the return process (including photos).

What should I do? From tomorrow onwards, eBay can be called in 😱 if I don't refund.

Sale: 16-12176-74397

Item 113247560718
ISBN: 9783613040083

Answer from elke@Ebay:
thank you for your contribution.

I recommend that you use the "Report a problem" button when your buyer requests a return.

There you can, for example, state that the item arrived damaged.

Best wishes

Elke

my Answer to that:

Yes, I did that... but unfortunately that doesn't help, because there is only one option in the further process... full refund.

...or waiting for the buyer to contact eBay (the automatic system?) to enforce the claim. We know that this always goes through automatically and is probably also associated with a defect entry.

Then elke@Ebay:

thank you for your feedback.

Unfortunately we do not have access to this return request here because the buyer opened it via ebay.co.uk.

You can also try to contact our colleagues at eBay customer service in GB.

Best wishes

Elke

So now I am here, asking for help. 😉

[4_bathrooms · Accepted solution]

---

@wokonmedia wrote:

Then elke@Ebay:

thank you for your feedback.

Unfortunately we do not have access to this return request here because the buyer opened it via ebay.co.uk.

You can also try to contact our colleagues at eBay customer service in GB.

Best wishes

Elke

So now I am here, asking for help. 😉

---

I doubt anyone can help you here; any seller protections you have for this situation will be provided by eBay Germany. Whilst eBay employees do post on the UK boards I'm pretty sure they can only help UK-registered users just as the eBay employees on the German boards can only help users registered on eBay.de. eBay UK's customer support will be of absolutely no use to you - for a start they're outsourced and are based in Manila (Philippines) or Dublin (Ireland) so they're not even UK-based never mind GB-based. They're also often useless even if you're a UK-registered user so a user registered with a different regional eBay site stands no chance.

For what it's worth if you don't have the "Report a problem" link in the return case I think your options are to either refund the full amount and not receive a "Case closed without seller resolution" defect or wait until the buyer escalates meaning refunding in full and receiving a defect. 

[ed_58611]

Here is the link to the "condition of returned items policy" help page on eBay uk

https://www.ebay.co.uk/help/policies/member-behavior-policies/condition-returned-items-policy?id=476....  

[wokonmedia]

The principles/rules/policies should perhaps be rewritten so that it is clear that in this case you have to refund the entire amount if a return from a non-EU country arrives damaged. If that is clear from the outset, I have no problem with it.

Since the buyer could contact eBay from today, I was left with no choice but to make the full refund. From eBay's own principles I can see that I don't actually have to do that (regardless of the specified return conditions), but the option simply doesn't exist and nobody can help.

eBay Germany says: "Ask eBay UK"... eBay UK says: "Ebay Germany is responsible for German sellers."

This is simply all done in such a way that it suits eBay itself quite well, but represents the ultimate disadvantage for the seller, despite eBay's actually different rules.

I find it terrible that questions of jurisdiction here mean that no one can help you. There are such competent employees in the (German) forum, and they are not allowed to do anything.

Well, at least I can now post the book as a defective copy...

4_bathrooms is absolutely right with his message, so the solution tag goes there.

Thank you all for your sympathy. 😉

[myriad*seller]

Only Top Rated sellers who offer free returns can make a deduction from the refund (of up to 50%) of any returned items

That is the eBay rule on sellers making any deductions from the refund of a returned item, and is only supposed to be for items you believe the buyer damaged deliberately. 

The buyer can appeal, if they claim the damage was not deliberate, and force the seller to refund the rest (if eBay agree). 

Accidental damage in transit does not allow the seller to make a deduction

All other sellers are compelled by the eBay terms and conditions to refund the buyer in full including postage 

[bravergrace]

---

@myriad*seller wrote:

Only Top Rated sellers who offer free returns can make a deduction from the refund (of up to 50%) of any returned items

......

All other sellers are compelled by the eBay terms and conditions to refund the buyer in full including postage 

---

I think you're wrong about the free returns bit - unless it's a recent rule change.  I don't offer free returns, and I get the option to make a deduction on returns. 

[myriad*seller]

I thought that was a condition of the policy but it seems not ( or maybe it was but has changed).

The buyer has to *agree* to the partial refund, however, if they appeal, they can get the rest of the refund by contacting eBay

Not sure if it comes from the seller or eBay 

 I had a partial from a TRS which I appealed (as item was not damaged!) and got the remainder of the refund as the seller didn't comply with the policy. 

[4_bathrooms]

---

@myriad*seller wrote:

I thought that was a condition of the policy but it seems not ( or maybe it was but has changed).

---

Business sellers registered with eBay.co.uk only need to have a seller level of "above standard" or "top rated" in order to be able to make deductions. However, the equivalent eBay Germany page - which can be found by changing the ".co.uk" to ".de" - states a German seller (private or business) must also offer free returns to be eligible.

I did try to look for any other policy on eBay.de that covered the OP's situation but other than reporting the buyer I found nothing.