When Free postage is not free at all

[purple.cow]

After agreeing to purchase an item for $1,000 a couple of days ago and paying for it immediately via Paypal I was surprised to receive an email the following day requiring me to pay $40.00 postage costs when the Ebay advert clearly states that shipping to within 50km of any CBD in Australia is free.

To me that tells me that as my required shipping address for the item is within 3km of the local town's CBD the shipping is free because it clearly states 'ANY' CBD in Australia.

The seller is now refusing to dispatch the item to me unless I pay them the $40.00 they now demand for shipping, which I might add did not show up in the total I was required to pay via Paypal at the time.

The seller argues that they mean any capital city CBD in Australia, not just any CBD in Australia as the Ebay advert clearly reads.

To my understanding of Australian Fair Trade practises it is illegal to charge additional fees for any reason after the goods have been paid for in full according to the sales/purchase contract.

It is also illegal to state in that contract 'Free Shipping/postage' is part of the agreed terms, then charge an additional fee for shipping.

As usual, Ebay isn't overly interested when one of their powersellers not only breaks Ebay rules, but also the law, so it looks as though the only alternative in this case will be to file an official complaint with the Office of Fair Trading.

Personally I think that when any seller so blatantly does this sort of thing Ebay should either suspend their selling account immediately, if not terminate it altogether.

What say you?

[nevillesdaughter]

Unfortunately, they've goofed but nothing can force them to sell the item to you.

If you've paid via Paypal, after waiting a reasonable time for delivery, you can open an item not received case. Your money is protected by Paypal - the seller may just refund it to you. In a dispute they have to show evidence of delivery, and if their listing is unambiguous regarding the postage, they really don't have a leg to stand on - what you meant to say isn't an excuse!

You can also leave feedback (should you choose) saying something simple like "Seller refused to complete transaction - wanted more $ for postage". Keep it simple and factual, you don't want to have it removed for abuse etc.

At the end of the day, at least you haven't lost your money - just your time.

Regards,

Marina.

[polocross58]

Ebay stands to lose, doesn't it, if the sale fails to proceed?   If ebay contemplates losing dollars re: the transaction, it just might intervene

If not, it's a case of who blinks first, isn't it.   Does the buyer decide to pay the $40 rather than lose the item?  Or does the seller decide to absorb the $40 in the interests of making the sale and getting $1000 ?

As it's the seller's bob-boo, you'd expect the seller to proceed with the sale in good grace.  Having lost $40, do they want to get a Negative to go with it ?  Most professional sellers would hasten to deliver the item, waive the $40 (which was their fault to begin with) and do everything in their power to create a good impression on the buyer.  Sounds to me as if the OP is dealing with small-thinking novices

[nevillesdaughter]

Ebay don't stand to lose anything. They have already charged the fees for this transaction (listing fees and final value fees) - to get them reversed, the buyer has to mutually agree to cancel the transaction, and I hardly think that is likely in this case.

If I was the seller, I'd suck it up. post the item, double-check all my listings to make sure the postagecosts were crystal clear, and call it a $40 lesson learnt. Having said that, if they are comparatively new to eBay, it can be a little overwhelming to try to be across everything.

Bottom line is - whichever way it goes, the only person who has lost is the seller (fees, possible negative feedback and ensuing effect on business and postage if they choose to post and cover the cost themselves).

Ebay's got their fees, and the buyer's money is safe.

Marina.

[purple.cow]

No, they don't have to supply the item, but under legal provisions within Australia they would stand to be awarded against in a suit for 'Breach of contract' as there is no outstanding reason for why they could not complete the contract/deal.

If I were to take things that far, and be awarded/found for in the court it would also open up a later opportunity for me to sue the seller again for compensation.

OK, I'm talking about going to extreme levels here, but that's how far these things can go if someone is bloody minded enough to do it and willing to go to all the hassles involved.

For me it's not about $40, especially when I just forked over a grand for the item, it's about principles, and if I'm honest about it it put my back up when the seller took the high handed approach over it all.

A simple apology from them for their stuff up, and then just get on with things would have saved them everything I'm planning for them now.

I tend to be a vengeful, unforgiving B when rubbed up the wrong way lol.

[nevillesdaughter]

I hear you - unfair situations like this get my blood boiling too (nothing wrong with getting a little hate going - I once I called in the solicitors over unfair negative feedback after trying to sort it out every other way first), and I'm quite sure this seller of yours will get their come-uppance. They either accept that it's their mistake, wear the cost and learn from it thereby not making the same mistake again, OR they keep treating potential customers with disdain until their all gone!

The sand is there to draw a line in.

Cheers,

Marina.

[davewil1964]

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@nevillesdaughter wrote:

Ebay don't stand to lose anything. They have already charged the fees for this transaction (listing fees and final value fees) - to get them reversed, the buyer has to mutually agree to cancel the transaction, and I hardly think that is likely in this case.

If I was the seller, I'd suck it up. post the item, double-check all my listings to make sure the postagecosts were crystal clear, and call it a $40 lesson learnt. Having said that, if they are comparatively new to eBay, it can be a little overwhelming to try to be across everything.

Bottom line is - whichever way it goes, the only person who has lost is the seller (fees, possible negative feedback and ensuing effect on business and postage if they choose to post and cover the cost themselves).

Ebay's got their fees, and the buyer's money is safe.

Marina.

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OP hasn't paid, Marina.

If the seller opens a NPB and OP still doesn't pay, they will get their FVF refunded.

Unless the OP, with vast experience of eBay scams, can show eBay why they didn't pay. Which they can.

As an aside, I have been unable to find a carrier who will not charge me, so free postage never is.

[nevillesdaughter]

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@davewil1964 wrote:

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@nevillesdaughter wrote:

Ebay don't stand to lose anything. They have already charged the fees for this transaction (listing fees and final value fees) - to get them reversed, the buyer has to mutually agree to cancel the transaction, and I hardly think that is likely in this case.

If I was the seller, I'd suck it up. post the item, double-check all my listings to make sure the postagecosts were crystal clear, and call it a $40 lesson learnt. Having said that, if they are comparatively new to eBay, it can be a little overwhelming to try to be across everything.

Bottom line is - whichever way it goes, the only person who has lost is the seller (fees, possible negative feedback and ensuing effect on business and postage if they choose to post and cover the cost themselves).

Ebay's got their fees, and the buyer's money is safe.

Marina.

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OP hasn't paid, Marina.

If the seller opens a NPB and OP still doesn't pay, they will get their FVF refunded.

Unless the OP, with vast experience of eBay scams, can show eBay why they didn't pay. Which they can.

As an aside, I have been unable to find a carrier who will not charge me, so free postage never is.

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In the first line of her post she says "after paying for it immediately through Paypal", or words to that  effect.

Marina.

[davewil1964]

Sorry missed that. My eyes tend to glaze over.

HE is very experienced in eBay scams and thus should know how to protect himself.

[nevillesdaughter]

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@davewil1964 wrote:

Sorry missed that. My eyes tend to glaze over.

HE is very experienced in eBay scams and thus should know how to protect himself.

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Shows how alert I am - when the OP referred to themselves as an "unforgiving B" I assumed they meant "itch". Perhaps I'm projecting.....

Marina.