Is Ebay telling Australian sellers to break the law?

I have noticed many sellers sporting on their site that they 'take no responsibility for items once it leaves their hands'. This is, of course, nonsense under Australian Consumer Law. They are entirely responsible for the safe delivery of items to customers' hands. They're not responsible for what happens to it after that unless it's a new item that should have an expected shelf-life.

Australian Consumer Law is no joke. It's even illegal to tell customers that they cannot expect a refund for damaged/non-working goods that basically have arrived 'not as described'. It's not acceptable to blame Australia Post. If a seller is taking the risk of selling online fragile goods, then it is the seller's risk to do that; the consumer should not be wearing that risk. Either be prepared to refund sometimes, or get out of the business. 

Ebay, I've been told by a seller, told them to put that on their site. Ebay, apparently, told that seller to break the law. Which means Ebay broke the law also. If any sellers out there have been advised thus, then they had best reconsider. This is not the US; our law is very different about selling products and delivery of them.

Good wrapping saves most of the hassle. I've received many fragile items; only the badly wrapped have been broken. A cardboard box with shredded newspaper or pellets etc works fine. Balls of newspaper does not (they don't absorb much shock, they are hard). Bubble wrap without a box but in an envelope is also risky, very risky. I'm talking about very fragile things here, like china or glassware.

If you are a seller with an attitude that you will not refund for damaged in transit, then you are creating bad will for your business. I personally will not deal with any site that claims that. Consider; it sounds like you don't give a toss for the satisfaction of your customers. It even suggests, wrongly or rightly, that you might be careless in packing, as you fear no consequences.

Ebay should be ashamed if it is true that they are advising sellers this way. They should instead be advising on best ways to wrap. It need cost no more than careless wrapping. And the occasional refund is not going to break your business if it is only very occasional. Poor wrapping will raise that to frequent.

I advise all buyers who receive broken goods to take an immediate photo of the item, ALONG WITH THE WRAPPING METHOD, and submit it to the seller to discuss. I personally would not seek a refund from a well-packaged item. I don't think I'll ever have to, anyway. All these claims about post staff being gorillas are ridiculous. If an item is well packaged it should not be damaged on arrival. But if somehow it is, then the seller must accept that as part of their business risk.

The seller should, I think, expect photos to be sent as proof of the claimed damage, soon after the anticipated arrival date. Without that, or without the item being shipped back to prove it, the seller shouldn't have to refund. But that's obvious, I know.

I am a business person and I accpet the risks of my own business, which is not this sort, but nonetheless I run risks of a different kind. Don't take on selling fragile goods online if you can't cope with breakages and refunds, is my suggestion. And get clear on legalities of being a seller in Australia. Obviously, Ebay needs to.

 

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Re: Is Ebay telling Australian sellers to break the law?

Hi PJ, 

 

Nice to you still around as well. Hope you are keeping well.

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Re: Is Ebay telling Australian sellers to break the law?


@jensmanchester-australiawrote:



So goods are deemed to have been delivered once handed to the carrier BUT the next clause seems to clarify that if the goods do not arrive or if they arrive damaged then the seller is still responsible as per Part 4 Sect 35 Clause 2:

"Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to the buyer, or may hold the seller responsible in damages."

 

 


Clause 2 is a little more specific than that - it means that the seller is responsible for choosing an appropriate postage method for the purchase, unless the buyer sepcifies a particular method, and if they don't choose an appropriate method, then they may be held responsible.  

 

For example - buyer purchases a vase, specifically requests it be sent in a satchel wrapped in newspaper (I doubt anyone would in real life, just a hypothetical for the purposes of the post). If it then arrives damaged, the seller is not legally responsible.

 

If the buyer does not specify a specific method, and seller does in fact select an appropriate postage method,  packages it well, again that clause is actually saying they are not legally responsible. 

 

 

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