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Legality of Restocking Fees...

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dr_sn0w

Junior Member
What is the name of your state (only U.S. law)? NeVada

I had a seller on ebay send me a used but horribly defective product for $72.77. I sent it back but they only refunded me $61.85 claiming I was charged a restocking fee. Shouldn't the restocking fee be waived since the defective product was DOA? (dead on arrival) (and the product was returned by ebay's deadline)...

"item returned in different condition sent. it is also missing charger. refunded less restocking fee, as posted in listing."

Is there any statute I can cite? Ebay is not willing to get involved on this one...

Thank you.
 


dr_sn0w

Junior Member
restocking fee legalities...

Otherwise, they could make a killing shipping out a massive # of defective products and hoping they aren't returned (or still make money even if they are returned).

What is the name of your state (only U.S. law)? NeVada

I had a seller on ebay send me a used but horribly defective product for $72.77. I sent it back but they only refunded me $61.85 claiming I was charged a restocking fee. Shouldn't the restocking fee be waived since the defective product was DOA? (dead on arrival) (and the product was returned by ebay's deadline)...

"item returned in different condition sent. it is also missing charger. refunded less restocking fee, as posted in listing."

Is there any statute I can cite? Ebay is not willing to get involved on this one...

Thank you.
 

single317dad

Senior Member
While restocking fees have very much gone out of style, they're still allowed on eBay as long as they're clearly disclosed in the original item listing.

Since your purchased item was defective, you should return it (which you've done) and demand a full refund. If the seller does not refund your entire purchase price, you can sue them for your damages, which will amount to about $11.

A negative feedback will hurt this seller far more than paying $11 would have. I don't understand the backwards mentality of some of my fellow eBay sellers.
 

dr_sn0w

Junior Member
$11?!?

While restocking fees have very much gone out of style, they're still allowed on eBay as long as they're clearly disclosed in the original item listing.

Since your purchased item was defective, you should return it (which you've done) and demand a full refund. If the seller does not refund your entire purchase price, you can sue them for your damages, which will amount to about $11.

A negative feedback will hurt this seller far more than paying $11 would have. I don't understand the backwards mentality of some of my fellow eBay sellers.
Ebay deleted my negative which merely stated the facts. Sounds like they are opening themselves up to censorship suits. Used to be they were immune because they declined to get involved... Obviously everything has since changed.
 

single317dad

Senior Member
Ebay deleted my negative which merely stated the facts. Sounds like they are opening themselves up to censorship suits. Used to be they were immune because they declined to get involved... Obviously everything has since changed.
eBay removes feedback which contains profanity or other banned content. There are other very limited circumstances where one's feedback comment might be removed, most of which involve some extent of provable fraud.

I have had buyer's cuss me, lie about me, leave feedback for the entirely wrong item (their poor experience with a different seller!), and even say "Great transaction. I just felt like leaving a negative." eBay refused to remove ANY of those feedback, so the fact that they removed yours is telling.

Why do you think your damages exceed $11?
 

dr_sn0w

Junior Member
What??

I do not think my damages would exceed $11. I was suggesting that your suggestion that I file a lawsuit over $11 was extremely trivial and nominal. I would get my filing fee back too and possibly cost of service.

Regardless, I am unsure of what you think was so "telling". I wrote on the feedback that the item was DOA and that I was having a very difficult time getting a refund. Apparently the seller knows something that you do not about having feedback removed by eBay.
 

LdiJ

Senior Member
I do not think my damages would exceed $11. I was suggesting that your suggestion that I file a lawsuit over $11 was extremely trivial and nominal. I would get my filing fee back too and possibly cost of service.

Regardless, I am unsure of what you think was so "telling". I wrote on the feedback that the item was DOA and that I was having a very difficult time getting a refund. Apparently the seller knows something that you do not about having feedback removed by eBay.
You did NOT have a difficult time getting a refund. The seller probably challenged your negative because you did get your refund promptly. Your problem was that the seller deducted a restocking fee on a defective item from your refund. If you are going to leave a negative, you have to be 100% accurate in what you leave.
 

single317dad

Senior Member
I do not think my damages would exceed $11. I was suggesting that your suggestion that I file a lawsuit over $11 was extremely trivial and nominal. I would get my filing fee back too and possibly cost of service.
Maybe. That depends on the court you'd end up filing in. Many courts do not allow an award of fees.

You're the one who's so incensed over $11. I'm just explaining your options.
 

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