eBay deal gone wrong - What am I entitled to?

al128 · Nov 7, 2016

Hi there,

long story short:

I bought a watch on Ebay and got delivered a different watch.

Contacted seller (which has lots of good FB) - he basically said ... very sorry pls send it back we'll refund you.

I did that, they received the watch and refunded me the purchasing price.

I am abroad and had to pay about $200 for customs (for the original, wrong watch).

Can I insist now to be reembursed for those $200 in customs fees? After all - it was my counterparty's fault. What does ebay policy say about that?

thx in advance for any pointers,
Al

WatchVaultNYC · Nov 7, 2016

Did you get a different watch, meaning you bought a Rolex and got a Seiko, or did you have a disagreement regarding the condition of the watch you got? This sorta affects how much empathy people here will have to your situation.

If it is SNAD, then you can get your return shipping postage paid for by the seller.

There is no way do you get reimbursed for customs fees by the seller under the Ebay or Paypal system. They cant give money to you that was not paid to them. You can try to a credit from the seller - but this is totally a kindness of his heart thing. If you did buy a Rolex and got a Seiko, from a customer service perspective, they will probably want to give you a credit. If it is a dispute regarding condition, probably not.

That said, you can recover your customs fees from the government. I've had returns from abroad, and my buyers were able to wrangle back the customs fees.

Also, you can always leave honest Ebay feedback: "Bought Rolex got a Seiko, stuck with customs fees!"

gemini4 · Nov 7, 2016

Can't you get a customs refund if you prove the item was returned? Ebay/Paypal will only cover you for the amounts that they transmitted

wristpirate · Nov 7, 2016

As stated above, you can get a refund of customs duties/taxes from the authority to which you initially paid them. They will require proof that the item has been sent back for a refund. Contact your local customs office

cristos71 · Nov 7, 2016

I´ve claimed customs fees back once, it took quite a while to see the money, about 8 weeks IIRC, but it came in the end. For me it was the other way around, I sold a watch on Ebay to a guy in Australia, he basically decided upon arrival that he didn´t like it and wanted to return it. The problem was when it came back into the country customs stopped it and I had to pay EUR 150 or so to get my own watch back 😵‍💫 Big PITA 😡

al128 · Nov 7, 2016

Hi there,

I ordered a NEW Rolex GMT II Master and got a NEW Rolex EXII (figuratively speaking) - seller acknowledged it was a honest and very obvious mistake and was very apologetic - I was OK with that, without hard feelings.

Both the seller and I worked fairly cooperatively and in good faith to difuse/undo the situation. I opted to not be sent the "right" watch - and the seller was ok with that.

I just want to know the "legal" situation.

So it seems that I need to get the customs fee from the local customs (which might be enough of a hassle to not do it).

But I should be entitled for the return shipping (about 70 bucks), right?

cheers Al

Perseus · Nov 7, 2016

I think you should be reimbursed for return shipping but I'm guessing you're on the hook for getting the customs fee back and it will probably be a total pain.

TTG · Nov 7, 2016

I don't know what country you are in but as mentioned in a previous post it is possible and a lengthy process.
For example, here is what is applicable in the US:

https://help.cbp.gov/app/answers/de...-imported-goods-if-exporting-or-returning-the

Can I obtain a refund of the duty I paid for imported goods if I export or return the goods to the supplier?

If you have exported or intend to export goods previously imported with duty paid, there is a possibility you can get a refund of the duty. Drawback is a mechanism that Customs and Border Protection (CBP) has to enable importers to get a refund of duty paid on imported goods when they are exported or destroyed. Be aware the process of filing for drawback can be involved and the time it takes to receive refunds can be lengthy.

You must have proof of the export or destruction, as well as proof that duty was originally paid. A bill of sale or airway bill is valid proof of export and a CBP Officer must witness the destruction of the goods. Without proof of export or the destruction, the claim is not substantiated.

For additional information, you can reference our publication on Drawback. Additional information about drawback, including a list of Drawback Center locations and and contact information can be found at cbp.gov Drawback. If you need clarification, call the one of the Drawback Center locations and ask for a Drawback Specialist.

OhMegaMan · Nov 7, 2016

For something like wristwatch, especially anything above 1k, i would rather deal face to face to avoid something like this. I dont know what your option is, but you are at the mercy of the seller. Hopefully he just made an honest mistake and not trying to swindle. There is problem with ebay where people are just out there to cheat people out of their hard earned money by posting fake goods or what the op experienced. So i rarely looked at ebay anymore, unless i can do face to face transaction

WatchVaultNYC · Nov 7, 2016

I think the seller owes you return shipping for an obviously different watch. You can ask to be reimbursed for customs of course, but that's probably not happening and neither Ebay nor Paypal will support you. I don't think there is any legal recourse either, especially because its an international transaction.

I think your best bet is to work the government and get a customs refund directly.

Omeg@007 · Nov 7, 2016

The seller IMO gone as per the ebay policy. you mentioned you are Broad, so does this mean you received it while you are abrod? if yes, this i dont see anything wrong with the transaction 😀

STANDY · Nov 7, 2016

Fill a customs form out and even if you get $150 odd back after paperwork fees got to be worth it....

meganfox17 · Nov 8, 2016

spin_transistor · Nov 8, 2016

I think you're on your own with customs. Be happy you received a straight up refund, without other issues.

Archer · Nov 8, 2016

al128
I just want to know the "legal" situation.

But I should be entitled for the return shipping (about 70 bucks), right?

Then look at the terms of the sale - it should all be laid out there...

Darlinboy · Nov 8, 2016

al128
eBay deal gone wrong - What am I entitled to?

While of course you should file appropriate claims within eBay policy, I have found that, at times, investing further time and effort can have a negative return in terms of frustration & quality of life.

Indulging in a stiff drink and venting to a sympathetic ear can then be the best & final step before moving on. 👍

drefhill · Nov 8, 2016

WatchVaultNYC
leave honest Ebay feedback: "Bought Rolex got a Seiko, stuck with customs fees!"

LOL

ulackfocus · Nov 8, 2016

I guess asking for a pound of flesh is out of the question.

al128 · Nov 8, 2016

meganfox17

Dr. Fox, is that you???? ...😁😁😁

I resent you posting something of me, especially with what looks like a cheap golden quartz watch

::psy::

al128 · Nov 8, 2016

OhMegaMan
For something like wristwatch, especially anything above 1k, i would rather deal face to face to avoid something like this. I dont know what your option is, but you are at the mercy of the seller. Hopefully he just made an honest mistake and not trying to swindle. There is problem with ebay where people are just out there to cheat people out of their hard earned money by posting fake goods or what the op experienced. So i rarely looked at ebay anymore, unless i can do face to face transaction

I got a full return from seller for all he got ... so its not cheating ...

but I dislike to be stuck with lateral cost, esp. if I am not the objectively guilty party ...

eBay deal gone wrong - What am I entitled to?

al128

WatchVaultNYC

gemini4

wristpirate

cristos71

al128

Perseus

TTG

OhMegaMan

WatchVaultNYC

Omeg@007

STANDY

meganfox17

spin_transistor

Archer

Darlinboy

drefhill

ulackfocus

al128

al128

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