Experience report from a commercial seller – criticism of eBay's decision regarding shipping problems | Seller Lounge

wpthandel · 2025-10-31T22:18:29.526000Z

Hello everyone, I would like to share my current experience here as a commercial seller on eBay, because I believe that eBay has violated basic principles of German civil law and the EU regulation (P2B Regulation 2019/1150) in handling an open shipping case. Background:I shipped an item properly, insured, and with proof via Hermes. The buyer reported that the shipment had not arrived. I then immediately submitted an official loss report to Hermes. Hermes has confirmed the review, and the reimbursement through the transport insurance is still pending. I therefore did everything legally required and reasonable to ensure safe delivery. If the shipping provider acts with gross negligence or loses the shipment, the fault clearly lies with the carrier — not with the seller. I did nothing wrong and fully complied with my legal duty of care. Problem:Despite the insurance process still being underway, eBay initiated a full refund to the buyer and debited the corresponding amount from my seller account — even before Hermes had completed the review or issued an official loss confirmation. I had informed eBay about the ongoing process and submitted evidence, but the decision was made without taking it into account. Secured evidence:I have carefully preserved all relevant documents, shipping records, and communication records, including proof of shipment, the loss report with Hermes, correspondence, and photo documentation. This evidence clearly shows that the shipment was carried out properly and that I fully met my duty of care. Should any legal or regulatory review take place, these pieces of evidence can be presented at any time. Unfair treatment and threats:In addition, there were baseless threats and attempts at pressure from the buyer and/or her partner — also via external email addresses outside the eBay platform. Instead of assessing the situation objectively and neutrally, eBay apparently ignored these circumstances and nevertheless arranged the refund. Such behavior massively undermines the trust of commercial sellers. If threats, emotional pressure, or unsubstantiated claims are enough to make a decision against a seller who has acted properly, then the business relationship between eBay and merchants is permanently damaged. I cannot understand this decision, nor can I accept it legally or commercially. Why not simply wait for the shipping provider’s (Hermes) result before deciding on refunds? Legal assessment:Under German law (§§ 433, 475 para. 2 BGB in conjunction with § 421 HGB), the seller bears the transport risk only until proper handover to the shipping company. Once shipment has been proven to have taken place, the risk lies with the carrier until it has finally reviewed the case. A refund by eBay before the transport insurance has made a decision constitutes an intervention in ongoing civil claims and contradicts the principle of legal neutrality of platforms. In addition, this approach violates the EU Platform-to-Business Regulation (P2B Regulation 2019/1150), which obliges platforms to treat commercial sellers fairly, transparently, and proportionately. Conclusion:I find this approach unfair, harmful to business, and potentially unlawful. I have formally appealed the decision and am waiting for eBay’s response. If no fair and legally compliant solution is reached, I will involve the NRW consumer advice center, the competition center, and legal counsel, in addition to filing a complaint with the EU dispute resolution body. I would like eBay to ensure in the future that ongoing shipping investigations and insurance cases are fully taken into account before decisions are made to the detriment of sellers. Only then can fairness and trust in marketplace trading be restored.

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Experience report from a commercial seller – criticism of eBay's decision regarding shipping problems | Seller Lounge | eBay Germany