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Video game gone: private seller sends registered mail instead of DHL parcel – next steps?
Summary: flofu2912 asked for advice about a purchase problem where an empty envelope arrived instead of the item ordered. The seller changed the shipping method on their own, which raised doubts about the legitimacy of the transaction. A perfect-sally recommended opening a return request, since non-receipt cannot be reported. mia@ebay, apparently an eBay employee, confirmed that buyer protection applies and explained the claims process. flofu2912 opened a return request and is now waiting for further processing by eBay.
Hello everyone,
I’d really appreciate an assessment of the options and scope of buyer protection.
I bought a Pokémon game (cartridge only) and manual, item no.: 137464676231 for just under €100 from a (supposedly) private seller.
According to the item description, shipping was supposed to be sent as a “DHL parcel”.
Yesterday, a blank envelope arrived at my place containing only plastic film (the seller unilaterally sent it as a registered letter). There was no sign of either the cartridge or the manual. The envelope was slightly open at the side, so the cartridge could have been removed from the envelope there. However, the manual definitely would not have fit through that opening.
In principle, I suspect that this was not a legitimate transaction. However, proving that is more time-consuming and lengthy.
I contacted the seller immediately after receiving the letter. She briefly told me that everything had been sent properly and that there would be video surveillance of it. The nature of the response supports my suspicion described above. Incidentally, after a quick search on the sender, the seller also appears to run a second-hand shop, so the claim that she is a private seller is also questionable.
Regardless of the assumptions above, as far as I know the private seller bears the risk of loss if they deviate from the agreed shipping method without consent (§ 447 Abs. 2 BGB). In this case, if the game had been shipped as the agreed DHL parcel, it would have been insured up to an amount of €500.
As soon as I can open a case in eBay after the deadline has expired, in my assessment the system will automatically take into account the stored tracking number as well as the delivery marked as successful and decide the case against me.
Is there a way, either in advance or as part of the case handling, to ensure that the matter is manually reviewed by a customer service representative?
I still reserve the right to take further legal steps, but first and foremost I’m initially just looking to get the purchase price refunded.
Thanks and best regards
mia@ebay
Mentor1 month agoHello @flofu2912 ,
thank you very much for your post. Yes, there are ways to resolve your complaint through Buyer Protection. However, I can’t make a decision in advance.
Please open a return request, as already written by "perfect-sally", with the reason "Incomplete" or "Item not as described". In the text field, note that the envelope arrived damaged and empty. Your seller then has 3 business days to clarify this. Even if they have proof that they handed the item in with the envelope, the seller must clarify the loss with the shipping service provider.
If the seller has not resolved this within the deadline, you can contact eBay Customer Service from business day 4 onward. eBay Customer Service will then let you know which documents are needed to make a decision.
@perfect-sally - Thank you very much for the tag and the support
Best regards
Mia
flofu2912
OP1 month agoHello @mia@ebay ,
thanks a lot for the detailed description. I’ve now initiated a return with the details you mentioned and am now waiting for a response.
From 11/07, I can forward the case to customer service.
Best regards
flofu2912
OP1 month agoAddendum:
As expected, the seller is not accepting the return and is now accusing me of trying to commit fraud.
perfect-sally
Mentor1 month agoNothing is processed at ebay in advance!
You should open a return with the reason that the item is not as described! You can't report non-receipt because, according to tracking, you did receive something, and the request would be closed immediately.
I'm marking an ebay staff member for you who will take a look at this and report back here. Please wait for the response before taking action.
Good morning @mia@ebay could you please look into this? Thanks a lot
flofu2912
OP1 month agoThank you very much for the feedback.
In addition, I would like to mention that the seller had stated in the listing that no returns are accepted. I do not know to what extent this setting restricts the ability to open a return in the system.
I am now waiting for feedback from the eBay staff. Thanks!
perfect-sally
Mentor1 month agoWhat the seller states doesn't matter when it's a complaint. eBay buyer protection applies there
mia@ebay
Mentor1 month agoHello @flofu2912
The seller can only reject a return as a withdrawal. So if you don't like the game, if you accidentally have it twice...
A complaint cannot be rejected by a private seller either.
Best regards
Mia