Australian sellers Detail Seller Ratings regarding "late arrival" a no longer applicable

[mageforce]

Up for discussion in Australia.

Following the "Uber Eats" decision this week (July 2019) where it was upheld that the restaurant owners were not responsible for the actual delivery of food as they have no control over the entity delivering the food, it follows that eBay can no longer hold sellers responsible for "late" delivery of mail. eBay can no longer ask buyers if the mail was late arriving. The only question they can ask is if the mail was sent within the sellers prescribed time limit.

  In addition where the seller can prove that the item was mailed, eBay and Paypal can no longer hold the seller accountable for the failure of that item to reach the buyer. It will be up to the buyer to take any necessary additional steps (such as insurance,tracking) to ensure delivery of the item.

[collect247]

So what you're saying is that this is the policy from this moment?

And I've been saying all along that it should never be a sellers fault for late arrival or no arrival of goods as that responsibility totally falls onto AP or whoever is delivering the item.

[chameleon54]

Some interesting ideas in your post, but I suspect that all ebay have to do is have a clause in their terms and conditions that sellers agree to when selling items, stating that the seller accepts responsability for safe delivery of products in a timely manner . ( I havnt bothered looking but its probably already there ).

And then if this isnt enough, it would take a seller with VERY deep pockets who could afford to pay lawyers tens of thousands of dollars to fight the case in court and set a precedent to force ebay to comply ( assuming they actually, legally have anything to comply with ) .

Its possible that if a Government body such as ASIC had enough complaints they might take a look at it, but they havnt got a good record of taking on major international companies who operate in a number of jurisdictions.  

Personally I gave up sweating about stuff like this long ago. Ebay provide a good service at a reasonable price. It is a global company operating in the opaque world of international corporate jurisdiction.

I cant change the terms and conditions they require their sellers to operate under and I,m not going to lose sleep trying. I,m just going to make the best use of the service they provide and when it all gets to hard, i'll make sure I have something else in place to move onto. 

After the introduction of commissions on postage I set up another business ( prime lamb production )  which is a mature business now and going gang busters due to the drought.  I could afford to leave online selling behind, but I,m still here because ebay is working too well and too profitably for me to give it up at the moment.

[digital*ghost]

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@mageforce wrote:

Up for discussion in Australia.

Following the "Uber Eats" decision this week (July 2019) where it was upheld that the restaurant owners were not responsible for the actual delivery of food as they have no control over the entity delivering the food, it follows that eBay can no longer hold sellers responsible for "late" delivery of mail. eBay can no longer ask buyers if the mail was late arriving. The only question they can ask is if the mail was sent within the sellers prescribed time limit.

  In addition where the seller can prove that the item was mailed, eBay and Paypal can no longer hold the seller accountable for the failure of that item to reach the buyer. It will be up to the buyer to take any necessary additional steps (such as insurance,tracking) to ensure delivery of the item.

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I said this in another thread, but you will find that there is a key difference between Uber Eats and sellers posting items - that being who is the party that has contracted the service. 

When someone orders delivery through Uber Eats, they are contracting a courier service to pick up the food from the store. When someone buys an item on eBay, the seller (typically) contracts the delivery service on behalf of the buyer.

Neither PayPal nor ebay offer buyer protection when a buyer arranges pick-up of an item, incuding cases where they contract a courier service themselves.