Buyer Protection - Harmful item inside purchased item

[GMBMarie]

I am a long time seller on Ebay with 100% rating.  I am also a long time buyer.  I purchased a pair of vintage boots from a new seller on Ebay on 7/31/16, opened box on 8/3/16, was happy with item.  Never tried them on - put them away on closet shelf in the box  Took them out 6 weeks later to polish and wear them and when I put my hand inside one boot to hold it up and polish it I pulled out a dirty hypodermic needle with bloody fluid in it.  Fortunately, I did not get stuck with it!  I reported it to Ebay, they won't do anything since it's past 30 days. The seller claims she bought them on Craigslist and did not check inside of boots before listing them and thinks I'm making up the story to scam her and get my money back.  I have a dispute in review with PayPal and am waiting their response.  I think I should get a refund AND keep the boots!  I could have been injured!  Doesn't the seller have responsibility/liability here?  Isn't it seller's responsibility to make sure an item is in safe condition before shipping it to buyer? Shouldn't Ebay or PayPal hold them responsible?  I realize it sounds crazy and there are people who would make this up....but this really happened to me!  I have a 12 year immpeccable sellers record with Ebay with 100% rating.  My record speaks for itself.  Why would I make this up?

[kernowlass · Accepted solution]

@GMBMarie

You could file a dispute on paypal but you will probably have to return the item at your own cost trackable back to the seller before you get a refund of your original payment only.

As the seller was a private seller then its possible she did buy it from ebay and re-sell it, there is no way you can prove that one way or another.

You have the right to private legal action but its still your word against heres.

Personally if the books are as described now (following removal of the needle) then I would just leave appropriate feedback and move on.

[GMBMarie]

Thank you, kernowlass, for your suggestion.  It does make the most sense. I can't leave her negative feedback, however, because I already left her very positive feedback after opening the boots and then putting them on my closet shelf.  Yes, I am happy with the boots, but not with the dirty needle. Maybe it does seem a bit much to request a refund and to keep the boots but  this was very serious and the seller should have some responsiblity/liability here.  She must have been concerned because she was quick to remove herself as a registered user on EBay and followed up with a vicious message to my personal email which I will not respond to.  So, thank you again.  I've learned a lesson and  have moved on.  In the future, I will certainly be sure to thouroughly check items before blindly putting my hand inside of them.  Have a great day! 😉

[lancelotme]

It sounds like Ebay suspended her,she must have other issues besides the needle in the boot?

[lancelotme]

why should you being an Ebay seller for 12 years entitle you to keep the boots and get your money back?

Your sales record has nothing to do with your purchase record.

The only way you can keep the boots and your money is on Ebay,if the seller has a no return policy and refuse to accept return,then if Ebay rule in your favor,it assumes no return mean seller does not want the return,then you get to keep the boots.

But it is not so on Paypal,Paypal buyer protection will ask you to return the boots on your dime,upload tracking and you will get your original payment back.

[lancelotme]

@GMBMarie said

when I put my hand inside one boot to hold it up and polish it I pulled out a dirty hypodermic needle with bloody fluid in it.  Fortunately, I did not get stuck with it!  

--------------------------------------

You were not injured.

If you were,you can pursue outside Ebay ,say small claims court.   

[sharpiemarker]

Ewwww.  I would just return for refund and say, "nothing personal, lady".  And you should also thoroughly check your purchases too upon receipt.