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Mediation or litigation against eBay
Hello. I am a professional seller, and I would like to start a mediation process or maybe sue ebay for violation of European regulations and damages. I have found a German mediation company, but if I were to sue, which branch would I have to sue as a Spanish seller? Basically a buyer requested a refund because they were absent at the time of delivery; I waited in case they made a second attempt or picked it up at the office. The next day Ebay suspended my account without giving me the chance to keep carrying out my business, I refunded immediately to avoid problems and the case was closed, but the restriction was still there. They have also not given me an explanation of why the block has been maintained, which goes against European regulations. And I have lost thousands of euros as a result. So I am considering suing them instead of using a mediator. Any experience with this?
juguetes_reciclados
Mentor2 years agoSuing ebay through civil court would be costly and does not guarantee you a favorable outcome.
If it’s this account and they’ve restricted your sales, it may be because in a not received item case you didn’t respond to the claim.
Buyers open claims when they don’t receive the item, and you should have responded to the claim with the tracking number and also written to the buyer to let them know the watch was at the post office; usually that’s enough and the buyer waits or goes to pick it up at the post office.
I don’t understand why you refunded immediately when the watch was still on the way; also, when you provide a tracking number and it can’t be delivered because of the buyer, in this case you’ve done your part and you don’t have to issue a refund. ebay sometimes extends the claim deadline to give the item time to arrive when there’s a delay.
But anyway, something else must have happened for them to limit your sales.
seiko.mod.watches
OP2 years agoThe tracking number was on the shipment, which was sent via packlink-ebay, and I replied explaining that the item, according to the postal tracking, was at the post office, not being returned but waiting to be picked up or for another delivery attempt. I issued the refund once ebay blocked me, because I preferred a possible loss to having to stay closed.
seiko.mod.watches
OP2 years agoI'll expand the information a bit. These are the details. On the 27th I found myself blocked and I issued the refund; at midday I received the package, which honestly I wasn't expecting. And after that I've tried to explain it to eBay, and I've tried to explain the situation to them, but I only get emails with a "copy and paste" message saying that I'm blocked and that's it. It only lets me attach one image, but the tracking until the 27th didn't show any updates, and the last update from the 23rd said that the recipient had been informed that the package was at the office waiting to be picked up. If needed, I can include the image in another message. Around 200 shipments and I've never had any problems; I was just waiting to see if Correos would provide any information about the shipment.
seiko.mod.watches
OP2 years agoOn the 26th in the afternoon, around 6 pm, after the messages, I was blocked. That same night at 00:57 I issued the refund. Here is the email information. They asked me for proof of the shipments; I explained to them that all the shipments had been made through packlink-ebay, that I had no unresolved requests and that their tracking was in all the shipments and was updated automatically. They asked for my details, I sent them everything they asked for about my details, my self-employed details, registered as a European OSS, a few invoices, and then all they reply with is that I’m blocked and the same copy and paste. They don’t even give me the reason or justification, they don’t give me the opportunity to appeal it, nothing. This goes against the European regulations that govern them as a platform for small businesses, and the whole month they’ve spent messing me around has been not only unjustified but also an economic loss. So, apart from mediation, if anyone has information about litigation, I’d appreciate any info.
Thanks.
seiko.mod.watches
OP2 years agoI would provide more information about it, but I don’t have it, which also goes against Article 22 of the European regulation: REGULATION (EU) 2019/1150 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
on promoting fairness and transparency for business users of online intermediation services
“providers of online intermediation services must also offer the opportunity to clarify the facts that gave rise to the decision within the internal complaint-handling procedure, which will help the business user, where possible, to bring the breach to an end.”
Which would also justify litigation.