Seller abusing return and refund policy - not sure what to do next.

[eht1eht]

Hi, 

I bought a hardback book at the end of June.  A couple of days after I'd paid for it, I got a message from the seller, who by this time had changed the listing, saying it was an eBook, not a hardback copy as the listing had stated.  

I got in touch with him, pointed out that I needed a physical copy as it was a gift and he messaged back saying he would refund me but, of course, no refund has arrived.

I was due to escalate the case tomorrow so tonight I got a message saying he would accept the return and with a postage label.  He knows full well that, as I haven't got the book, I can't return it.  Also, eBay closed the listing so I couldn't download it from the link he sent even if I wanted to.

So he has my money, and in the message eBay sent to say the return was accepted, it said that, if I don't return the item, I won't get a refund.

How can I return something I haven't had?

He has, by his feedback, done this to a number of other people - what do I do?

Any help or advice would be greatly appreciated.

Thank you in advance,

eht.

[red_magpie · Accepted solution]

The answer should be straight forward, but it's much harder without knowing exactly what you've done so far.

What sort of case did you open? Was it an ordinary return request? Or a case under eBay's money back guarantee? If so, did you open an item not received case, or a not as described case?

In short, if you opened a return request, forget it, and open an item not as described case case under eBay's money back guarantee, through the resolution centre, see foot of page. A case must be opened within 30 days after the latest estimated delivery date. After 8 days the option will appear to escalate it for eBay to step in. If you haven't received your item or a refund, escalate it.

The above does assume that the listing did NOT state that you were buying an e-book, and didn't state that it was for digital delivery. Digital delivery isn't allowed on eBay, and intangible items like eBooks are not covered by eBay's money back guarantee.

If you have already opened an item not as described case you will not be able to win it as you have no item to return.

In this case, you can instead file a dispute under Paypal's longer, 180 day buyer protection policy, see: https://www.paypal.com/uk/smarthelp/article/what-if-i-didn%27t-receive-my-item-or-it%27s-not-as-adve...

[papso22]

You need to open an item not received case as you have nothing to return. Surely you realised that when you hit the return button? 

If you can't do that through eBay, go to PayPal instead.

[ragitis]

Bought & paid for a pair of trainers on eBay. 16 days later trainers arrived. (sellers policy on returns 14 days) out for a walk wearing  said trainers less than 100 yards and the eyelets on both pairs popped, binned then on returning home. 

Just wait until you need redress & customer satisfaction from eBay

[pixiesen2012]

@ragitis 

why did you do that?

returns policies are for change of mind returns,


if an item isn't as described you just open a not as described case in theResolution Centre, get a prepaid returns label and a full refund once you send the item back

but you don't get a refund if you throw the item away!

[ragitis]

I was so peed off that a business could sell such poor quality. There Pos. FB was in the 1000's. should have checked prior to ordering, there Neg Fb , 85 in one month!!

[rusticrye]

You opened the wrong case. You don't have the item, so you should have opened an Item Not Received case when the seller didn't cancel the transaction as he should have done, not a Not As Described case.

But now that you've done that, use the Ebay-supplied postage label to return the packing slip in an envelope. Take it to the post office to get it scanned into the system. When tracking shows delivery or attempted delivery back to the seller, you'll be refunded, as per Ebay's Money Back Guarantee.

Also report the revised listing to Ebay, as digitally delivered goods are not allowed to be sold here. There's a report button on every listing. And leave appropriate feedback, of course.

The sellers actions have cost him money, so I see no attempted scam. If he'd simply cancelled the Ebay transaction, or refunded from the NAD case you erroneously opened, either of which would have auto-refunded your PayPal payment, he wouldn't have had to pay for the return label he's now been charged for. He sounds to me like a seller who doesn't know what he's doing, let alone that digitally-delivered items are not allowed. You could run that past him if you like, to give him the opportunity of hitting the refund button within the case before you use the postage label. Unless you use the label, he won't be charged for it.

@eht1eht