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...