Ebay Seller protection has failed, buyer refused item due to tariff

[netjunky6947]

Sold an item to a buyer in the US. Shipped with UPS. Buyer refused the shipment stating that I did not disclose the high tariff ($64us on a $350cdn item, made in Germany) to him. Shows in chat and tracking number that the buyer refused the item. The item has been in limbo for a month on the tracking number since then. Buyer then submitted a item not received claim against me, also stating that I should have disclosed the high tariff. 14 days later the buyer has received a full refund. I have called ebay thoughout this process. Even had one rep state that I should have disclosed the tariff and the buyer is right. So now I'm out the cost of the item, shipping of the item to him. Hopefully the item eventually returns to me at some point. I have appealled this desision.

This happen to anyone else? I'm struggling to keep shipping open to the us but this has me tempted to shut it down.

[vintageandglamor]

Unless you are listed as selling location being in the USA, it is disclosed.

1) The big blue banner discloses it on top of every item page

2) If it was an older listing before the banner, it said in the listing that the buyer would have duties (see screenshot)

[mrdutch1001]

ANY seller who ships ANYTHING to the USA these days is taking THAT risk! Hence, many of us have chosen NOT to ship ANYTHING to the USA!

[vintageandglamor]

Also, you should not be asking for Seller Protection.

Your argument is that the buyer has lost their eBay Money Back Guarantee, as they have violated eBay's Policies as written here:
https://www.ebay.ca/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?...

Not covered:

• The buyer didn't pay applicable customs fees or duties for any other reason

As a seller, you have performed your end of the deal. It is the buyer who failed to complete their end of the deal. There may be an argument on the buyer's side, if you sent UPS DDU, but your listing showed Canada Post. I'm looking at your listings, and they say Canada Post. If you shipped UPS, the buyer can argue that is not the shipping method they selected.

[chicweb]

The buyer is wrong.

Everywhere on eBay, it is stated that there might be tariffs applicable and they are responsible for it. 

eBay, by siding with the customer in this situation, is very VERY worrying for sellers.

Even had one rep state that I should have disclosed the tariff and the buyer is right.

This is what worry me the most. It goes entirely against what ebay is telling sellers for the protection. Customers have always been responsible for duties/tariffs, period. If it's not the case anymore, we need to know ASAP.

[vintageandglamor]

Also, read this page:
https://pages.ebay.com/tariffs/#ac-2

Yes, you’re covered by eBay Money Back Guarantee if you’ve paid import fees and your item doesn’t arrive, is delayed due to customs processing, or arrives not as described. However, if you refuse the package because of import fees or shipping carrier charges, eBay Money Back Guarantee does not apply.

[chicweb]

Exactly. The customer should have lost their eBay Money Back Guarantee in this situation, as written in eBay's own documents.

[barnfindparts]

appeal it via facebook reps you will win.

[marnotom!]

Let us know how your appeal turns out, @netjunky6947.

[netjunky6947]

All shipments to the US are UPS. Canada says Canada post but they are also shipped with ups for now. 

[netjunky6947]

I'll know in 24-72 hours

[femmefan1946]

devon@ebay 

Wha else can the OP do?
We have been assured that Refused shipments are Undeliverable and need not be refunded.

(Although most sellers will refund the purchase price on return.)

[netjunky6947 · Accepted solution]

Ebay resolved the claim in my favour...

"Here are the details I was able to capture from the transaction as of now: 

• The item you have shipped has an attempted delivery to the buyer however they have refused it

• You want to have this reviewed and sorted out

I am more than happy to review and check options for you. 

I’m glad to inform you that I have granted your appeal and issued you a refund since I was able to validate that there was an attempt to deliver the item to the buyer. Your funds will be credited back to your account within the next 24 to 48 hours. This case will not affect your selling performance, and you don’t need to do anything else."

[chicweb]

That's good news and I think that's how this issue was suppose to be dealt with from the start. 😉

I can understand the situation from the customer's side, but as a seller, I understand our side too. This tariff situation is not easy on anyone and eBay protected the seller as specified in their documentation.

By adding a "controversial?" banner on every items telling US customers there might be tariffs... that adds to the fact that the customer should have known about it. If customers doesn't read notices and/or description, the blame shouldn't be put on the seller. 

Well done. 🙂

That being said.... Personnally, I write to US customers every time there might be tariffs (just to be extra sure) before shipping.

[vintage_america]

Just be aware that the buyer can appeal too. Sometimes eBay reverses the decision on your appeal. Then you may need to call and make a ‘special request’ to reclaim the funds.

It happened to me that way once and I did not get the funds in the end.

[anpine_38]

Hi, it just happened to me, I sold to 2 differents buyers in the US and they refused to pay the tariff and the UPS additionnal fees on delivery.  The 1st one, made a claim that he did not received the item and Ebay close the claim in my favor.  The second buyer is waiting for me to get my package back and I told her that I would refund her as soon as the package will be return to me.  Here's the problem : I phone UPS Canada, UPS USA and now there are telling me to phone the International UPS because my 2 package are hold somewhere in the universe and I have to wait 10 days after 2 attemps to deliver it.  Now, when I have an offer from a US buyer I tell them to expect tariff of 35% and additionnal fee from UPS since Canada Post don't deliver in the US.  So they have the choice.  By the way, I sell vintage custom jewelry, and I'm scratching my head trying to figure out this :  When an item is manufactured from France and i'm selling from Canada to the US is the percentage of tariff is the same ? 

[easoss]

We are truly living in a Wild West scenario. Rules shift, change and at times appear to be made up on the spot. Every time a parcel is sent to the US there is roll of the dice going on. This is why I won't ship anything south of the border until there are clear and concise rules. And that appears to be years away at this point.

[vintage_america]

The percentage of tariff is dependent on the country of origin. So if it’s France it will be wherever the rate France has. The problem is that UPS adds on a 25$-45$ usd ‘brokerage fee’ on top of that. So it’s the tariff PLUS the brokerage fee. Crazy.

[goldhawkickz13]

This part was the easy part seller will get that seller protection.
It is when the buyer file a financial institution charge back when ebay might backout on helping.

[frozenthreads]

Thanks again for sharing this. I’m currently dealing with a very similar situation and your outcome is reassuring. I shipped an item from Canada to the US via UPS with a declared value of approximately $300 CAD. The current tracking status states: “We tried to deliver the package but were unable to receive payment. A second attempt will be made the next business day.” The buyer has since reached out questioning the duties charged at delivery.

If you don’t mind sharing, I’m curious how the appeal played out on your end. Did the item eventually make its way back to you, or was it released after the appeal? And was the key factor simply that tracking showed an attempted delivery or refusal?

I’d also appreciate any insight into how you submitted the appeal with eBay. Was it done directly through the case page or over the phone with a rep, and did you include anything specific beyond tracking, such as screenshots of messages or shipping documentation?

Thanks again for taking the time to share this. Situations like this can be stressful, so learning how others navigated the appeal process is genuinely helpful.