In May, 2011 I purchased a Tamron f/2.8 35-105mm autofocus lens (serial number: 100620) in Nikon mount, from eBay member davensport.
The description incorrectly used copy-&-paste text about the Tamron f/2.8 28-105mm lens rather than the 35-105mm. The photos showed the lens, lens case, case for the lens hood and the original box, giving the impression of a complete as-originally-sold item. The description stated: "used, but taken very good care of."
I asked the seller to seal the lens in polythene or bubble-wrap to avoid dust from the case during shipping and to also "double box", using good quality void-fill (not crumpled newspaper).
When he notified me that the lens had been sent, he said he'd used catalogue pages of lingerie models for fill, but it should be fine and to email him when it arrived and let him know what I thought. He concluded with: "It was the best lens I have ever owned. Hope you enjoy it."
The lens arrived here in the UK after eight days. Although the original lens wrapper was in the box, the lens had been sent, unwrapped, in its case and without its rear cap. There was no hood in the case. These omissions were not mentioned in the auction description.
I inspected the lens for dust and fungus and was relieved to find those aspects were OK. However, wide open (f/2.8) shots with the lens fully extended were very visibly of poor quality, even when viewed on my camera's screen. I already own the Adaptall-2 version of the 35-105mm, and the autofocus 28-105mm, so I knew what to expect from a normal example. I emailed the seller the same day and asked for a full refund, including return postage costs according to his choice of service.
He replied: "Send it back and if in same condition I have no problem refunding you" (the full purchase price, but not the return postage).
I know eBay sellers are fed-up of being scammed, but from a buyer's perspective having to send a lens or camera body overseas with tracking is an expensive business and a disincentive to getting things sorted out. The buyer is being penalized for using a poor seller. I packed the lens in the same way as received (apart from placing the lens in its polythene wrapper inside the case), and posted it by standard airmail, at a cost of £17.58 ($28.65). On the Customs declaration I stated the purchase price but wrote words to the effect of "non-functioning lens, returned to owner" to minimize any Customs liability (which should be reclaimable, in any case).
Due to increased security measures for overseas mail to the USA, there are many reports of late delivery and I've read that tracked mail is taking longer than untracked. I kept an eye on the schedule for opening a dispute, if necessary, via eBay/PayPal. As I had heard nothing and received no refund, four weeks after returning the lens I emailed the seller telling him that I would have to open a PayPal Dispute a week later if there had been no refund by then (5th July). There was no reply.
On 6th July, having opened the dispute, eBay Buyer Protection emailed me to say that the seller had been contacted and had 10 days to respond. They emailed again on 15th July asking if the case had been resolved. There had been no reply from the seller since he had invited me to return the lens.
On the 16th July, eBay emailed: "After reviewing the case, I can see that you have already returned this item to your seller. (snipped) If you have returned the item without tracking information you can still enter the shipping details into your resolution centre. This will then allow us to contact the seller on your behalf. At this point I would also like to highlight the case status in your resolution centre. Although we are aware that you have already returned the item to your seller you will see that the case status is currently asking you to return the item. The reason behind this is that doing it this way will allow you to add the return shipping information to your case. This, in turn, will also allow the shipping information to be shared with your seller. Please ensure that you complete the steps below within the next 10 calendar days or else the case will time out and we will not be able to issue you with a refund."
This was done that day: I stated that I had a Royal Mail Certificate of Posting and receipt for the postage. I received a phone-call from an eBay/PayPal representative later the same day. Their accent and phone-line made it a little difficult to understand, but it just seemed to be a confirmation of what had happened, to date.
On 17th July I received an email inviting me to complete a survey about my experience with eBay Customer Support. I abandoned it half-way through.
Another survey request on 20th July, which I ignored.
Unknown to me until 1st August, when I was wondering what on earth had happened with this case, on 22nd July eBay had sent a message to my Messages section of the eBay site, but not to my registered email address. It said: "This is a reminder that you need to provide information by 26 July, 2011, otherwise your case will automatically close and you won't receive your refund. Please provide tracking information for the item you are required to return to the seller, and remember to key in the tracking number accurately. To view the seller's return delivery address and get more information on postage methods, go to the Resolution Centre."
I was on holiday at this time, but in any case, eBay knew I had already returned the item and didn't have tracking information.
On 26th July, also in the Messages section but not emailed to me: "We're writing to let you know that this case was automatically closed on 26 July, 2011. We had asked you to provide tracking information showing the item has been sent to the seller by 26 July, 2011 but we didn't hear back from you. This date has now passed. You may keep the item, but you won't be issued with a refund."
What?! They had been informed I'd returned the item; knew I did not have tracking information; and had not asked for my proof of posting.
Very little physical mail actually gets lost (in the UK, at least), so perhaps the seller has his lens back and decided to claim he hadn't received it when he saw it was an untracked package? Maybe he got stung with a Customs charge and is wondering how he can re-sell the lens?
I was foolish to return the lens without using a tracked service, but he seemed a decent bloke and the cost would've been the equivalent of $55 on the $235 item. A Google Maps street-view shows his neighbourhood to be a little "low rent", if that's not being impolite.
The sellern has 100% positive feedback, but I'm denied the opportunity of leaving my feedback for him, because I was waiting for resolution of the case.
In searching for the seller's contact details, I came across the name of a woman with the same surname listed at the same address, aged 70, so it's likely that the seller is the same age or older. He may have suffered a health problem. Nevertheless, an elderly "gentleman" from Florida tried all sorts of tactics to scam me, a few years ago.
Update: The seller bought a mobile phone via eBay on 4th August. So he's alive and spending his ill-gotten gains.
I doubt I'll ever use eBay for purchasing expensive items from American members again. I have bought many items from the USA in the past, and the proportion of rogues is just too high. Thankfully, there's a higher proportion of honest sellers, but the bad apples, coupled with eBay's Buyer Protection policies, have made throwing cash down the toilet a more constructive use of my resources.
eBay are a law unto themselves, and have far worse customer relations than almost any company I can think of, all wrapped up in phoney pleasantries. Not everyone can comply to their deadlines at all times. They closed the case based on information I could not provide and used a communication route I was not expecting. On previous occasions they have made requests such as having to provide proof by FAX (ridiculous in this day and age). They will not answer whether or not the seller had ever responded to their requests for information. If I hadn't returned the lens prior to opening the case, would I have automatically been refunded and told to dispose of it? Why has the seller been given the benefit of the doubt? eBay tell us to try and work things out between ourselves, but what's the point if they side with someone I can only assume is a thief?
eBay have not answered my requests, sent on 2nd, 4th and 7th August, asking them to confirm whether the seller stated he had not received the returned lens; they have not answered why the final two messages leading to closure of the dispute were not also sent to my email address and why no-one telephoned me, as they had done earlier; they will not tell me why there is no Appeal option for this case.
Update, 9th August: eBay emailed to say they will contact the seller again, "But I hope you would understand that if they will not make a response, assumption would be they have not yet received the item." What cock-eyed logic is that?
I have reported the details of this incident to the United States Postal Inspection Service, and Crime Stoppers for Oregon.
I funded the transaction with my credit card, and eBay suggested I could ask the issuer to make a chargeback. This may be the only actually helpful advice from them, but I wouldn't like to think the card issuer should take the rap and eBay and the seller get off, scot-free.
Update, 13th August: My card issuer has refunded the payment, in full :-) PayPal limited my account for about five hours and asked for confirmation of contact details and a change of password, which implies they were treating it as fraudulent use of the card. I contacted them to say that the item was returned to the seller who had neither refunded nor replied to mail since early June. I have not yet heard from eBay (since their email of 9th August) whether or not they have heard from the seller.
To conclude, I recall one occasion when an item I'd bought didn't arrive and the US seller then admitted he'd got his wife to post it, and she'd economized and hadn't used a tracked service. Lo and behold, the item eventually turned up, with a date-stamp to show that it had sat in a sorting office for a month before leaving the States. I repaid the seller and asked PayPal to ensure any black mark was removed from his record. Some of us try and deal in an honest and straightforward manner.
Feel free to if you have had dealings with eBay member davensport or have come across the lens in question.