Seller refusing return and full refund for 'item not as described'

[sabreman64]

A couple of weeks ago I bought a Sega Game Gear game that was shrink-wrapped and described as new in the listing. I assumed that the listing was correct and that the game was new. However, upon receiving the game and opening the shrink-wrap, I found that the game is clearly second-hand and has been resealed with shrink-wrap. The corners of the instruction manual are dog-eared with part of the back cover torn off at the top, and the back of the game cartridge displays signs of wear and some scratches.

I requested a refund from the seller, and provided a couple of photos of the manual and cartridge.

The seller's partial refund is £5.01. Given that I paid £83.38 for a game that was ostensibly new, I feel that a partial refund of £5.01 is an insult. I want to return the game for a full refund. Surely a seller can't refuse a return and full refund for an item that is clearly not new as described in the listing?

[plpmr]

open a not as described case for a full refund -

https://resolutioncentre.ebay.co.uk/

[sabreman64]

I already opened a return request for this item, and selected 'Doesn't match description or photos' as the reason for return. This is what the seller responded to with the risible partial refund offer of £5.01. I presume I should select 'Decline offer' in order to get things progressing on returning the game and receiving a full refund.

[*knight-rider*]

`I understand your concern, but I want to kindly remind you that this item was sold with a No Returns policy, as clearly stated in the listing.`

He can state whatever he wants in the description, but Ebay rules overrule.

if it`s a private seller, the no returns only applies to change of mind, but if the item is not as described, then they can`t refuse the return.

if the seller doesn`t provide a label by the date given, the next day, click the `Ask us to step in and help` link when it shows and ebay will provide it and charge the seller. Once the seller gets it back, they have 3 days to refund, or again, ask ebay to step in.

Personally, this is why i don`t even message sellers anymore and just leave it to the open case and/or ebay. Why people can`t just deal with issues rather than keep messing about, i have no idea!

[sabreman64]

I've declined the seller's partial refund and he's sent me another message in which he quotes part of the description from the listing: "Condition New: An item that is still in its original shrink wrap and the original manufacturer’s (if applicable) has not been removed."

He then goes on to say that he's confident that the item matches the description, and no misrepresentations were made in the listing. As such, he repeats that he is unable to offer a return or refund. He also mentions ebay’s return policies that allow a return only if the item is significantly different from the description or if it was damaged in transit. Since these conditions do not apply to my item (he says), he is respectfully declining my request for a return.

This seller seems unable to read or unable to comprehend what he has read. The description states that the item is new and in its original shrink-wrap. The game is neither new nor in its original shrink-wrap. The game is clearly used/second-hand because part of the back cover of the instructions has been torn off. The pages of the manual are also dog-eared and there are scratches and wear on the game cartridge itself . The game has been resealed in a shrink-wrap, but it is not the original shrink-wrap.

I have to wait until 17th October before I can ask ebay to step in and help. In my 25 years of buying on ebay, I've never been involved with a seller who is as stubborn as this when it comes to returning an item. I hope that asking ebay to step in and help in a few days will be able to resolve this annoying transaction.

[myriad*seller]

It doesnt matter what he writes, he has to send a return label by the date given

If he doesn't ebay will issue one and charge him for it, or will refund you and tell you not to return the item

[*guinevere*]

Stop communicating with this seller as he is talking rubbish. You never need to message sellers once you have opened a case as it is then in ebay's hands and is all automated anyway, so you are guaranteed a full  refund as long as you follow the instructions for the case.

[plpmr]

on day 4 escalate the case to eBay for a full refund.

[dch2112011]

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@sabreman64 wrote:

I've declined the seller's partial refund and he's sent me another message in which he quotes part of the description from the listing: "Condition New: An item that is still in its original shrink wrap and the original manufacturer’s (if applicable) has not been removed."

Follow the excellent advice given by your fellow members  however I couldn't help giggling at this dum seller's change of  the ebay definition of new - albeit in his listing  - obviously designed to try and substantiate shrink wrapping the used product !

The ebay wording is :

A brand-new, unused, unopened and undamaged item in the original packaging (where packaging is applicable). Packaging should be the same as what is found in the retail shop. If the item comes straight from the manufacturer it may be delivered in non-retail packaging, such as an unprinted box or plastic bag.

Got to give him 10 out of 10 for effort and stupidity !  But hey it made my day - go get your refund and report him for good measure !

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[m25jet]

In addition to the advice already given on this thread, once you have escalated the case to eBay and you finally receive a refund of the money that you paid for the item, then should you decide to leave the seller some negative feedback in relation to the transaction avoid mentioning anything about having to open an eBay case.  Even if you just said something like "Item not as described -the only reason I got my money back was because eBay forced a refund", the seller could still get this removed if he/she asked eBay to do so, as the comment would suggest to anybody reading the feedback that you had to open an eBay case against the seller, thus breaching eBay's rules about what can and cannot be said in feedback.  If the seller succeeded in persuading eBay to delete your feedback then it would defeat the whole purpose of leaving it in the first place, so you need to be careful as to what you actually say in your feedback.  However, if you just left negative feedback with a comment along the lines of "Nightmare seller to deal with - very awkward and uncooperative.  Avoid!" then your feedback would stand a better chance of remaining on the seller's feedback history forever.

[sabreman64]

OK. This is getting ridiculous now. I've received another message from the seller in which he says, "Returns are not accepted for this item. Your photo don't match with the item I send you." He also says, "I can only issue you a partly refund max £10." He also repeats his claim that the game is new and in its original shrink-wrap. As I mentioned in my previous post in this topic, the game is neither new nor in its original shrink-wrap. With the damage to the instruction manual and wear on the game cartridge, it is clearly used and has been resealed in a shrink-wrap.

How would the seller know for certain that the photos I sent him don't match the item he sent me? It was sealed in a shrink-wrap. If he acquired this game when it had the same shrink-wrap that it had when I received it then he has never seen the contents of the box, and he would be unaware that the game was resealed and was used and not new. I'm almost tempted to reply to the seller to point out the flaws in his argument. But as someone previously said, I shouldn't communicate with him. (In fact, after the initial communication in which I requested a return and refund, I have sent no further messages to the seller.)

As I have never dealt with such a stubborn seller involving the return of an item before, one thing concerns me. When ebay get involved with this dispute in a couple of days and I return the game to the seller for a full refund, what is to stop the seller making a claim to ebay that the item I returned is not the item he sent me? Is it possible he could do that and thus prevent me receiving a refund?

[dch2112011]

He sure is a tryer !  

Ok what he says will have no weight with ebay - keep any corresponding within the case -  by all  means point it out with photos.

if this seller is top rated they may have the right to deduct up to 50% of the item cost however if they are a privileged seller  simply raise the issue with ebay CS and they will refund the deduction to you from their funds.

I would have so much fun with this one - it would be just like poking him with a stick - sorry  keep it polite and serious  maybe 

[dch2112011]

Unless he accepts the return and issues you with a tracked return label - make sure  he will not only lose the case but you will not be required to return the item under the MBG 

If he has already issued you with a valid return label send it back - if the label is not valid raise it with ebay CS 

[m25jet]

One thing you do need to be mindful of is that the seller may be behaving this awkwardly so as to distract you into sending further attempts to make him/her see reason via the case, rather than deciding "Right - that's enough!" and making the decision to ask eBay to step in and make a decision upon the matter.  Don't fall for the trick - update the case notes and escalate the case to eBay, making sure that it is clear to them that the seller is deliberately being bloody awkward and is refusing to refund your money in full.  In the vast majority of cases eBay tend to close them in favour of the buyer, which is more than likely what the seller is afraid of, hence the reason why he/she appears to be trying to stall you with his/her silly responses.  Don't allow the seller to run you out of time to get eBay to resolve this - if you haven't already done so by the time you read this response ask eBay to step in and resolve the matter for you!  If you do that then you will have a far better chance of receiving a full refund than you appear to have by dealing exclusively with the seller via the case.

With regards to your questions "When ebay get involved with this dispute in a couple of days and I return the game to the seller for a full refund, what is to stop the seller making a claim to ebay that the item I returned is not the item he sent me?  Is it possible he could do that and thus prevent me receiving a refund?" the answer to the first question is that there is nothing to stop the seller from making allegations to eBay that you returned something other than the item that he/she sent to you; however, this then leads onto the answer to the second question, which is that no amount of protesting or whinging from the seller is likely to change eBay's mind - they will more than likely issue you with a total refund and hit the seller's account with a selling defect, which by the sound of it he/she thoroughly deserves.

[magdalena.k1802]

I have similar problem now. The seller refused return and closed the case. I cant see the option to ask ebay to step in its not there. What do i do?

[jckl1957]

Only private sellers can refuse returns.

You need to say what you bought, when you received it and the reason you chose for returning it.

If you provide those 3 key pieces of information, then you will get some useful advice,

[magdalena.k1802]

Thanks

Sent from my iPhone