Subject: eBay refunds purchase price for custom-made contact lenses – claim against eBay or the buyer? I have been a commercial seller on eBay for many years and, among other things, sell rigid contact lenses. In this case, a customer ordered two contact lenses that were custom-made according to her personal values or parameters. So these are not stock items, but special-made products manufactured specifically for this customer. In my listing, I expressly point out that a return is only possible if the contact lenses are defective. After receiving them, the customer said, in essence, only that the lenses were “scratching” and “not to her liking,” and demanded a refund of the purchase price. I told her that she was welcome to send the lenses back and that I would then send them to the manufacturer for inspection. If there were a manufacturing defect, it would of course be remedied. The customer then sent the contact lenses back to me. Before the lenses could be properly inspected by the manufacturer, eBay had already refunded the buyer the full purchase price after about two days and charged my seller account accordingly. I then repeatedly asked eBay by phone and in writing for an explanation or a review of the decision. In doing so, I especially pointed out that these are custom-made goods. So far, I have not received any understandable legal or factual justification for the refund. By phone, I was merely told that the case was closed and that I could, if necessary, hire a lawyer. To my knowledge, eBay generally excludes custom-made or made-to-measure items from eBay Buyer Protection. Also, under Section 312g(2) No. 1 of the German Civil Code (BGB), there is generally no right of withdrawal for goods made according to customer specifications. Of course, the situation would be assessed differently if the contact lenses were actually defective or improperly manufactured. However, that is exactly what was supposed to be checked first by the manufacturer. Meanwhile, the returned contact lenses were inspected by the manufacturer or, as a gesture of goodwill, remade once again according to the customer's data. As far as I know, no original manufacturing defect was found. The buyer has therefore received a full refund of the purchase price, while I have borne the cost of the custom-made contact lenses. My questions are therefore: Was eBay allowed under these circumstances to refund the purchase price to the buyer and charge my seller account accordingly? Can I demand repayment from eBay of the amount charged to me, especially if custom-made goods are excluded under eBay's own Buyer Protection terms? Alternatively or additionally, is there a payment claim against the buyer, since she ordered goods made specifically for her and no defect has yet been established? Who should I pursue more sensibly – eBay or the buyer? Would an attorney's demand letter make sense first, or would court debt collection proceedings also be an option? How do you assess the chances of success and the cost risk in a dispute involving the value of the purchase price of the two contact lenses? Thanks for thinking it through, Bernd, linsenversand
