Seller says they are not responsible for missing item.

[justfabrics58marion]

Hello, I have read many time on these boards that :

It is against ebay policy to state in your listing : "we can't be held responsible for items lost, stolen or damaged in the post."

I agree, but where can I find proof that it is indeed against ebay policy. 

I have searched high and low for it, does anyone have a direct link?

I have a seller who says she won't refund and can't be held responsible for an item that has not turned up.

It has been 3 weeks. From WA to NSW.

I was happy to wait a while longer but think I may need to put in a claim, she sent items in an envelope and says it is my fault for not purchacing tracking.

As a seller I take responsibility for missing items that I send in an envelope, and refund if they go missing.

But just incase she asks for proof about not being able to put the above terms in her listing, I would appreciate any help on where I could find such information.

[nubian_treasures · Accepted solution]

File an item not received dispute today and do not close it until you've been fully refunded. Make sure you pay attention to the deadlines for escalating to a claim in case you have to take that step.

The following is from the Selling Practices policy which is what the seller is supposed to do:

"What to do

You should:

Use tracking, delivery or signature confirmation to ensure that both you and your buyer can track the package and know when it will be delivered

For your protection eBay recommends you use delivery confirmation which will help to protect you should a dispute be opened that the item wasn't received

What not to do

You should not:

Say that you're not responsible for item delivery, or for ensuring that the item is delivered. For example, these statements aren't allowed:

'I'm not responsible for the item once it's been dropped in the mail'

'I'm not responsible for items lost in the post'

'Without insurance, I can't be responsible for items lost in the post'"
 

http://pages.ebay.com.au/help/policies/selling-practices.html

It is the seller's responsibility to post with delivery conformation. Your seller will lose the item not received dispute because she failed to post with delivery confirmation.