Has Anybody Initiated a Credit Card Chargeback against eBay? How Did It Go?

picklewizard on 15/02/2023 - 15:22

I'll try keep this one short, just interested in experiences.

I bought an item on eBay which is faulty and unusable. This fault presented following the closure of eBay's 30 day returns window.

It has been less than 6 months since the item was purchased. The item is worth $120. I bought multiple items as part of a single package purchase, the others with which I have no concern. The seller does sell the faulty item separately, and I am only disputing the value of the item as a standalone purchase.

I did not pay by PayPal, so I have no recourse with them.

Several attempts at contacting the seller have proved fruitless. No reply has ever been received.

The seller is an Australian seller.

eBay have no facility to dispute this after 30 days - it's between me and the seller. Given that eBay collected the transaction, I feel that they still bear some responsibility.

I intend to initiate a chargeback through my credit card, but I'm worried that eBay will get stroppy about this (and may suspend my account), however at this point it's the only recourse I have.

Has anybody done this before? If so, how did it go?

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Comments

  • cauilfield on 15/02/2023 - 15:26
    +12

    most likely this will result in the termination of your eBay account

  • boomramada on 15/02/2023 - 15:27
    +2

    I wouldn't do that, eBay probably put you on bad credit and unfriend you.

    • picklewizard on 15/02/2023 - 15:31
      +1

      This can't affect my credit, because eBay aren't a credit provider - however the unfriend bit does worry me!

      • boomramada on 15/02/2023 - 15:36
        -3

        Doesn't need to be a credit provider. I was on the list for 5years not paying ihug (bought by iinet) bill good old days.

        • picklewizard on 15/02/2023 - 15:49
          +7

          Nah it doesn't work that way. eBay are not extending me a line of credit. iHug were extending credit to you by offering a post-paid service to you.

          The same would happen if you failed to pay any other post-paid utility bill.

          Source: Literally worked in defaults for Telstra many years ago

            • picklewizard on 16/02/2023 - 09:49

              @Downvoter: Dude I'm 100% right on this matter, eBay can't default list me any more than my local milkbar can

  • SF3 on 15/02/2023 - 15:31
    +3

    30 day returns window < ~6 months since the item was purchased

    Seems like you are SOL.

    It's between you and the seller.

    • picklewizard on 15/02/2023 - 15:33
      +1

      So here's the catch 22:

      eBay, having collected the transaction, want nothing to do with me.

      If it's between me and the seller, in any other retail transaction where a seller is being unhelpful and I am clearly entitled to a refund where a product is not fit for purpose under ACL, I would initiate a reversal via my bank.

      eBay, who as mentioned, don't want to help, will get mad if I do this. So despite their unwillingness to assist, they'll still potentially ban me if I exercise my remaining rights.

      It's kinda shitty.

      • MS Paint on 15/02/2023 - 15:36
        +1

        By using eBay to purchase the item implies that you agreed with their terms and conditions.

        You now do not agree with their terms and conditions so bad luck.

        • picklewizard on 15/02/2023 - 15:37
          +2

          What terms and conditions do I not agree with?

          My rights under ACL cannot be waived.

          • MS Paint on 15/02/2023 - 15:38
            -4

            @picklewizard: The 30 day return window where eBay will defend you on your behalf.

            • picklewizard on 15/02/2023 - 15:40
              +3

              @MS Paint: That's a service they offer, not a term and condition. I am still entitled to a refund for a product that is not fit for purpose.

              • MS Paint on 15/02/2023 - 15:54
                -6

                @picklewizard: I think you will find that using their payment system service is in the terms and conditions and also probably something about involving third parties and refunds etc. ICBF reading them that's for sure.

                • picklewizard on 15/02/2023 - 16:04
                  +6

                  @MS Paint: Surprised that you seem to know them without having read them?

                  • MS Paint on 15/02/2023 - 16:24
                    -6

                    @picklewizard: That's right. I'm only guessing it's included. Companies like eBay pay millions to tinplate their term and conditions.

          • boomramada on 15/02/2023 - 15:39
            +8

            @picklewizard: Your ACL rights are with the seller not the ebay.

            As a consumer using these platforms you have consumer guarantees rights against the seller you buy from on the platform. For example, when you buy a product on eBay, the product comes from the seller, not from eBay. So, your consumer guarantees rights apply to the seller you buy from, not the platform itself.

            https://www.accc.gov.au/consumers/buying-products-and-servic….

            • picklewizard on 15/02/2023 - 15:43

              @boomramada: I am entirely aware of this - but here is the issue…

              Because eBay collected the transaction, I must tread carefully as normally, a chargeback would the the method through which a consumer could seek remedy in this situation.

              It seems unreasonable that eBay collected the transaction, can potentially bar me from their service should I choose to seek remedy in this method, but are otherwise completely unwilling to help.

              Does that seem fair?

              • Webber000 on 16/02/2023 - 18:13

                @picklewizard: I doubt that ebay "collected the transaction". They may or may not have a seperate entity "ebay payments" or something that is legally different that PROCESSES the payment - but regardless of if they do or not I suspect in legal terms they are only "handling" the payment not "collecting it".
                In the exact same way that when I go to Dominos and pay instore the card machine is branded "Smart Pay Now" and my statement says SPN - Dominos but if I have an issue I have to go to Dominos and can not go to Smart Pay Now who "handled" the transaction (even though in your eyes you could argue SPN "collected" the payment). So I could do a chargeback and SPN would just forward it on to Dominos - in the same way that if you do a chargeback ebay will just forward it on to the seller or reply to the bank with proof that you did purchase it and it was delivered, and if the seller doesn't respond then I can't see ebay paying it especially as you say its a registered Australian Business you purchased from.
                Ebay will ban you though. They're not a shop and you didn't buy it from them. When you go to a market your issue is with the stall you bought it from, not the people who run the market.

          • jv on 15/02/2023 - 15:51

            @picklewizard:

            My rights under ACL cannot be waived.

            The deal with the seller, not ebay.

            • djsweet on 15/02/2023 - 17:09
              +3

              @jv: The issue is if OP does deal with the seller, eBay will potentially suspend their account. eBay is effectively preventing the OP from dealing with the seller by getting in the way of the chargeback.

              • picklewizard on 15/02/2023 - 17:20
                +5

                @djsweet: This is the point I'm trying to make. I don't get why some people on this site can be so "TERMS AND CONDITIONS SUCK SHIT YOUR LOSS LOL!!1" when anyone has been treated unfairly; all I'm trying to do is seek a remedy for a product that's not fit for purpose.

                The fact that I've transacted via eBay and they've collected the transaction really does not seem to align with the rest of ACL.

                If eBay hadn't collected the transaction, then yes, fine, it's no different to me chasing Gumtree for a transaction gone bad, but this isn't the same.

                eBay took a cut of the sale much like Repco, Bunnings, Woolworths all do in any transaction, and it's unfair that they bear no responsibility while also making it significantly harder for me to seek a remedy.

                • Gareth on 15/02/2023 - 19:21

                  @picklewizard: To be fair to eBay - if you had paid via Paypal, you'd now be charging back a charge by Paypal - yet eBay would've still collected their selling fee.

                  ie. There is a muddying of the waters here of the Payment processor (eBay Commerce Australia) and the selling platform (eBay Marketplaces GmbH) - which are separate companies - of course under one corporate umbrella.

                  eBay Marketplaces GmbH has collected a fee from the seller for the sale of the product.

                  You're planning to charge back eBay Commerce Australia - who collected your payment and passed it on to the seller a few days/weeks later.

  • Nugs on 15/02/2023 - 15:34
    +4

    whatever you do, please report back
    .

    • picklewizard on 15/02/2023 - 15:36

      I will, my one other option is Consumer Affairs Vic - I have an ABN and ACN of the seller, but no phone number or address.

      • spackbace on 15/02/2023 - 15:42

        Shouldn't be that hard to find, if you told us the company

        • picklewizard on 15/02/2023 - 15:45

          With pleasure: https://abr.business.gov.au/ABN/View/94602434426

          FYI, my case is faaaar from isolated: https://www.productreview.com.au/listings/sparescity

            • picklewizard on 15/02/2023 - 15:52

              @jv: Correct, note that there are zero contact details on that website (or ABN, or ACN), even tried to sus domain ownership but also hidden.

            • MS Paint on 15/02/2023 - 15:56

              @jv: That website was created in 1999 by a 15 year old. Thanks for the trip down memory lane.

              • jv on 15/02/2023 - 15:59

                @MS Paint:

                That website was created in 1999 by a 15 year old.

                They are now 39 years old.

                • MS Paint on 15/02/2023 - 15:59
                  +2

                  @jv: @MathNerd

                  Is this correct?

          • spackbace on 15/02/2023 - 16:25

            @picklewizard: Ugh that is a hard one :/ Well and truly has his presence hidden, unless you can get more info from a report on the ACN

          • gbarlett on 16/02/2023 - 07:33
            +1

            @picklewizard: Dont waste your time with sparescity. I to had issues with them over faulty products.
            No phone number. Doesn't respond to messages via email, got blocked from their facebook page.
            The guy running the business is a coward, just hides from his customers when things are not right instead of trying to resolve the issue.
            Bought via ebay, paid with paypal. No help from either mob as it was outside the 30 day window.
            In the end i just fixed them myself which was just easier in the long run.
            Note that one of those reviews on Product review is mine.

            • picklewizard on 20/02/2023 - 21:17

              @gbarlett: Ah, sorry to hear that you've also had to deal with this bloke. Maybe I should post him an Airtag and see where it winds up, lol

      • dmbminaret on 17/02/2023 - 04:31

        my one other option is Consumer Affairs Vic

        Unfortunately they won't do anything unless they get multiple complaints.

  • CodeXD on 15/02/2023 - 15:45

    Several attempts at contacting the seller have proved fruitless. No reply has ever been received.

    Make sure these communications are from within eBay. Collect evidence that seller is not replying to despite all your efforts to contact them. Let seller know that you plan to do credit card chargeback if they do not provide satisfactory respond within 7 days. This covers you and ensures that you have provided them with sufficient time to resolve this.

    • picklewizard on 15/02/2023 - 15:46
      +2

      I have done precisely all these things actually! Cheers 😀

  • Bargainitis on 15/02/2023 - 15:47

    OP,

    I have had my fair share of experience with eBay and Paypal in the past - most of the times I have come on top.

    Some initial thoughts:

    1) I would consider the $ amount and your ebay account important here, i.e., do you really consider $120 has a figure worth fighting for and is your ebay account a long standing one with heaps of feedback? as others have mentioned, getting on the wrong side of ebay means your account may get permanently suspended by eBay (don't worry, i've had plenty of suspended accounts, you just create new ones but its work required) with no real recourse - they dont explain the issue nor do they care.

    2) if you are outside the 30 day window and didn't pay via Paypal (I highly recommend you do so going forward - though i think Paypal now handballs disputes back to eBay if its under 30 days), then there is little you can do. Especially if the seller ignores you - have you left feedback already? if not, you can use that as a potential stick.

    3) Subject to your views on the above, if you still want resolution - PM me. I do have another option which should work but I won't publicly post it.

    Good luck with it all.

    • picklewizard on 15/02/2023 - 16:07

      Unfortunately it looks like you have new conversations turned off - can you PM me so I can reply?

      • Bargainitis on 15/02/2023 - 16:25

        funny enough, nor do you.

        I have edited my settings so you should be able to PM me now.

        • picklewizard on 15/02/2023 - 16:38

          LOL guess it's off by default :)

    • blitz on 15/02/2023 - 16:15
      +1

      I do have another option which should work but I won't publicly post it.

      Is it calling the A-Team?

      • Bargainitis on 15/02/2023 - 16:22
        -1

        bikies…. haha

        • MS Paint on 15/02/2023 - 16:26
          +1

          That school carpark 'don't cut me off dude'? Don't mess with him.

  • Ocker on 15/02/2023 - 15:53

    As far as eBay are concerned, they have done their part of the transaction and the matter is now between you and the seller.
    I do question whether your credit card provider will entertain a charge back because you claim the goods are faulty. That is, you would be asking them to make a judgement on whether the goods are in fact faulty. Charge backs are generally more clear cut, such as the item was not received.

  • redfox1200 on 15/02/2023 - 16:04

    just buy the item again and return the old one under the 30 days

    • picklewizard on 15/02/2023 - 16:05
      +2

      I do not expect the replacement product to be of different quality, it's of poor manufacture and based on reviews (from other than eBay) this is how the seller operates.

  • b-t on 15/02/2023 - 16:22

    Is the seller a private seller, or a company?

    If it's a company, have you tried to contact the company directly rather than through eBay?

    • MS Paint on 15/02/2023 - 16:27

      I'm guessing by this that you haven't read anything above your thread.

      • b-t on 15/02/2023 - 16:28

        Ooops, I just saw the thread with spackbace lol :)

        • MS Paint on 15/02/2023 - 16:28

          Cool bananas

        • picklewizard on 15/02/2023 - 16:34

          I guess it couldn't hurt hey, but no, no other contact apart from an email that will almost certainly be ignored!

  • bobokingdom on 15/02/2023 - 16:55

    Was the item from a shop? or an Individual Seller?

    If it is an individual seller, there is no difference than buying an item on Facebook Marketplace. eBay is just the middleman which provides some protection for the transaction, and make a cut with the payment.

    If the product is brand new and you have the proof of purchase, you can try to get it repaired by contacting the manufacturer/importer.

  • pharkurnell on 15/02/2023 - 17:34
    +1

    Buy another of the same item, adn return the faulty one.

  • brendanm on 15/02/2023 - 18:10
    -2

    This is why you pay with PayPal.

    • HardQuiz on 15/02/2023 - 18:47
      +1

      Some of PayPal’s staff are idiots, so not that far off from eBay.

      • brendanm on 15/02/2023 - 19:13
        +2

        Sure, but PayPal is a proper financial service provider, so you can actually make them abide by their terms and conditions.

    • mhz on 16/02/2023 - 09:20

      I'd argue that a credit card provider give you more cover than PayPal.

      • brendanm on 16/02/2023 - 09:29

        That's why you pay by card through PayPal. However, PayPal answer to the financial services ombudsman, so it's in their best interest to follow their terms and condition.

    • picklewizard on 16/02/2023 - 09:46

      I'm not sure why I didn't, to be honest. I usually do!

  • askbargain on 15/02/2023 - 20:06

    credit card insurance?

    • picklewizard on 16/02/2023 - 09:54

      I've got the cheapest, nastiest, lowest fee card so zero frills!

  • OfficerBarbrady on 16/02/2023 - 03:25

    Can you buy the item again and return the old one as faulty?

    • picklewizard on 16/02/2023 - 09:48

      The seller just sells nasty gear, as best as I can tell he has it manufactured himself.

  • theguru1 on 16/02/2023 - 07:09

    Isn't this a warranty situation?

    • picklewizard on 16/02/2023 - 09:47

      Yeah mate… not sure you've read the thread though 😉

  • mhz on 16/02/2023 - 08:54

    I've done it before in similar circumstances and my eBay account is still active. Go for it!

    • picklewizard on 16/02/2023 - 09:53

      Interesting - thank you!

  • fishka2 on 16/02/2023 - 09:37
    +1

    I think banks have 90 days timeframe for chargeback disputes anyway. So if your transaction was 6 months ago then I’m pretty sure they won’t accept. Maybe it’s different now

    • picklewizard on 16/02/2023 - 09:47

      Oh? I better call them and find out - I had 6 months in my head for some reason.

      • mhz on 16/02/2023 - 13:37

        Yep, he's right, most banks its 90 days

  • fishka2 on 16/02/2023 - 09:42
    +1

    I would actually telephone call eBay as well. Sometimes you get lucky and bump into a rep who’s actually willing to help. Least they can do is facilitate contact with the seller to honour warranty. You can discuss the chargeback option with them either and sniff out their attitude. I found telephone calls much more effective in the past

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