Moved to off topic - the topic is an eBay transaction and possible scam, not gaming. It just happens you bought a game. You're quite vague on the situation. In what country are you located? Is the seller in Japan? What method of shipping did you use? Yes, you can claim via PayPal if that's how you paid... but you need to be mindful of the time limits. Ultimately, you should always pay for a tracked service - it's your own fault if you don't. And know that surface mail is slow. Always use a reasonably quick (2 weeks maximum) shipping service and insist it is sent tracked and preferably insured. If you're cheap and don't do that, it's your fault if it doesn't turn up and difficult to prove it was sent / wasn't received. As for reusing photos, eBay give you the option to sell another. We're talking about a game here - most likely produced in the thousands, so there's no problem with reusing a listing to save time if you have more than one... other than not being able to tell condition, perhaps.
Burden on proof is on the seller. It's sellers responsibility until the buyer gets it to his door. This is ebay/paypal stance. And quite right too, it's not the buyers fault if the item goes missing - sellers offers the item and what shipping services they will use to send it. Picking any of those options you should get your item and it's not for you to prove that it didn't arrive. Sure, this leaves sellers open to being scammed, but they could always only offer tracked shipping.
I dont believe so - you can select untracked methods when you list items on UK ebay. But they do state its sellers responsibility until the buyer gets their item. If you dont send it tracked, you will lose an item not received dispute by default. Proof of shipping doesnt count. I have had a buyer order something in december, it was late due to lots of non working days and xmas post in general. They filed a dispute, but then it came a couple of days later (which they told me) but ignored requests to cancel the dispute and they got their money back too.
I would have raised hell with ebay if they did that if the item was delivered the case should automatically be closed, if they took and gave the buyer their money back despite the fact that it was delivered I'm pretty sure you have a case against ebay as once the item arrived that money was legally yours and ebay no longer had any right to take your money like that, if I was in your situation i'd actually consider going to someone who knows more about this and see what they say.
They only accept proof of delivery from shipping company and item was untracked. I could have probably pursued the buyer in court for fraud, but ultimately it's just not worth the time or hassle.
Not really. Tracked shipping on a DC bios chip would be £9 internationally, on a £2.20 item. By offering them untracked and have the odd issue, I make more sales/money than if I only offered tracked shipping. It's just "the cost of doing business" You just have to be sensible and weigh up the options. Obviously don't send something rare and unreplaceable untracked. But to say everything must be tracked isnt the answer either. I tend to offer untracked until the order is worth a certain value or the item isnt replaceable (or they insist they won't pay by gift).
How I do it is, if someone demands untracked to save $5 then I get them to say so. It's not worth the 'worry' afterwards.