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Hi everyone, 
Just wondering if anyone can help me with an Ebay problem because it takes a lot to get me mad, but I am totally niffed at the moment! 
Basically I bought something on Ebay and paid immediately. I received the item a few days later, didn't think there could ever be a problem with the item so left positive feedback saying something along the lines of it being a smooth purchase. However, when I went to use the item (which was packaged in that awkward plastic packaging), before taking it out of the packaging I could see that it was damaged in one area which would mean that part of it was pretty useless.
I contacted the seller and explained the situation, asking if I could return the damaged item to them for a replacement. I went to check on the seller and noticed that they weren't selling any more items so that wasn't a good start. The seller contacted me and said that because she had "no returns" on her listing, she wouldn't do anything. To be honest, I hadn't seen this bit about her not accepting any returns. I would have thought though that if an item is broken or damaged then that is a different matter, it's not as though I was returning something because I had "changed my mind" or anything.
I got an email from her today saying that she had phoned the Resolution centre at Ebay (lucky her for having the number because I haven't found a number for it) and because she had "no returns" on her listing, she's covered. If I want to take it further, then she told me to open a case with Ebay.
To me, this means that a seller can put up all sorts of rubbish for sale, put "no returns" on their listing, and he is protected by Ebay from customers trying to secure refunds for any unworthy goods!!
If I was the seller and an item proved to be unusable, I would refund the money irrespective of whether I had stated "no returns" or not.
I thought the situation could be resolved nicely and in quite an amicable manner, but going by the emails I'm receiving, that's definitely not the case! Even worse, I'm wasting precious bearmaking time on my bears for Hugglets on Sunday!!!! Will my bears ever be ready????? 
Does anyone have any tips or ideas on what I can or can't do?
I'm going even more grey by the minute!!
Hugs to all,
Marilyn x
How frustrating, Marilyn. I think all you can do is open the case with ebay. They may take your side, but if not, you can leave follow-up feedback (for what it's worth). Click on your own feedback score, then the "feedback left for others" tab, then way down at the bottom of the page, the "follow-up to feedback left" link.
Good luck with it, but also be ready to chalk it up to a lesson learned. It feels awful, but with not-so-nice people in the world, everyone gets stung now and then, it seems. (I'm betting the seller was not a teddy-bear person!)
Becky
desertmountainbearI would also talk to paypal. If you paid with paypal you are entitled to buyer protection. If the item is damaged you can get the money right from them.
I agree with Joanne, Paypal will usually help. But as you say you 'bought ' an item does that mean it was a Buy It Now? If so you are covered by distance selling regulations and she has to refund you. The 'no refunds' thing only applies to genuine auctions.
She can't state no returns on Buy It Now sales...
desertmountainbearIn the US you can state that. We have an option for no returns with B I N. I often sell things other than bears with buy in now and no returns. But that shouldn't matter. What matters if that it was damaged before she sent or out, or was it damaged during shipping? If it was damaged first, she needs to state that I would think. If it was damaged during shipping, she is responsible. eBay has taken postal insurance out of the buyers hands and made it the sellers responsibility.
Posts: 85I'm surprised they're even able to claim they're covered because they had 'no returns' on their page. If an item is faulty and not described as faulty when sold, it's illegal to the claim they don't accept refunds. At least it is in Australia. Whatever happened to consumer protection?
Definitely take it up and make a claim!
In the UK...regardless of what is on the eBay page if the item is simply bought ...ie on a BIN sale...then the buyer is automatically covered by distance selling regulations where they are entitled to a full refund.
That might not apply if the item was bought outside of the UK though.
But unless you are buying from a bona fide auction where bidding takes place the seller can't state a no returns policy in the UK. It simply isn't legal so eBay would have to support you. If you imported the item for elsewhere it might be different..and it if was an item you bid on just claim 'item not as described'
Simples!
Here is all the blurb as applied to eBay ....UK
http://pages.ebay.co.uk/businesscentre/ … helaw.html
Thank you so much Becky, Joanne, Jenny and Kirstie for your helpful comments, you're a lovely bunch!
So sorry I am late in getting back on this but a phone call yesterday afternoon meant an unexpected getaway from the house and the computer!
The item in question was not a BIN, but the usual auction (which I unfortunately won!) 
The plastic wrapping around it wasn't damaged in any way BUT I discovered you can get to remove the item because the very top part is not heat moulded or sealed so the item can in fact be removed quite easily. The item is also stuck to a card basically with double sided tape (done by the manufacturers). So basically, the item was either damaged during manufacturing, or, it was used and damaged somehow and then replaced into the packaging for onward sale. It would have been difficult to remove it from the card without crumpling the card up to be honest, so I'm more on the side of a manufacturing accident during packaging or something. Who knows.
Joanne - I hadn't thought about going the Paypal route, thank you.
Jenny - this was the usual auction buy, not BIN. Thanks for mentioning the distance selling regulations though, must get a bit more clued up on it. Many thanks also for the business centre link too, I'm going to sit and read up on this in a little while.
My seller did say she had spoken to the Resolution Centre and had read the them everything that had been written between us. Apparently because I had already sent positive feedback, it meant that I was basically happy with the goods.(yep, my fault there, should look before I leap!) I got an email from her asking what was I going to do about it. ..... Mmmm, if we were talking mega bucks then I would probably open a case with Ebay, but knowing their chaotic system, it would mean "I said this", "She said that", etc which quite frankly brings me back to school days and also I just don't want the darned hassle of it all. Not good for your health for one thing. Fortunately my replies to the seller where more on the friendly side and to the point, and tried to get her to see things from my point of view as a buyer with faulty goods who was stuck with them. How would she feel? Had she not had to return anything before that was faulty or damaged? Anyway, her emails are softening a little. But I can also appreciate it from her side.
Out of curiosity, has anyone here ever spoken to the Resolution Centre at Ebay?
Well thank you for your help, I'll let you know how things go.
Back to bearing now I guess ..... now .... where did I put those ears?!
Hugs to all,
Marilyn
Sorry Becky, I forgot to thank you in my previous post for the info on being able to add additional details on Feedback already left. I couldn't find any tab that you mentioned but did eventually find the right section where I could leave additional feedback info. Never seen that before, learn something new every day ... So many thanks for that information and I'm sure it will be helpful to everyone else if they feel the need to add anything to their feedback. I don't think I will be adding anything though, unless of course she sends the heavies around!! Ha! I don't want to inflame the situation!
Hugs
Marilyn x
Hi everyone,
Just a little update .... I returned the item to the seller yesterday and sent it Recorded Delivery along with a nice polite and friendly letter.
I am pleased to say that I have now been fully refunded by the seller so all ends well. She has obviously studied the item and has said that it will still be sold on Ebay in a while but it will be marked up as "used" but whether she will still add "no returns" is yet to be seen.
By keeping my cool to certain emails received, I have managed to turn this whole episode around and avoid the whole scenario of opening a case with Ebay, though at times it almost seemed as if that was what the seller wanted me to do! Anyway, avoided any aggro, so result! 
I have noted a few other "no returns" on other Ebay listings. It would be of great help to buyers if information was more easily accessible with regard to your rights when things go wrong. The links provided on postings above should be a great help and I will read more about this after Hugglets. Many thanks for the tips and also for the telephone calls I have received from lovely Tt-ers who have also had to deal with this situation (and worse!) in the past.
Well, it's back to the bearing again now for Happy Hugglets on Sunday, still SO much to do!
Please come and say "Hi" if you're passing my stand!
Hugs to all,
Marilyn x
Miser BearsNice to hear you had a happy ending
