Ebay refunded the buyer from "item not received" case eventhough item was DELIVERED!

[lanevo2008]

This is an international transaction and I'm seeking legal advice or other advices

I sold an item on eBay Australia but the buyer was in France. The buyer opened an item not received case from France site although at that time the parcel tracking showed "delivered". I have showed tracking details and shipping label but eBay team from France has asked me to provide proof of delivery within 3 days (2 of the days are weekends!) I have immediately lodged a case with Aust Post to request POD, but after 3 days ebay has closed the case in favor of buyer and made the refund to the buyer, reason being I have failed to provide POD on time.

Few days later, I got back from Aust Post saying the parcel is actually at French customs and awaiting receiver to claim the parcels from the customs; and few weeks later the parcel was delivered and the tracking shows the received went to their local post office and collected the parcel. I believe this was an abusive buyer and trying to avoid the delivery to get the refund and then worked with the customs to get the parcel.

I have made several contacts with ebay Australia to ask for the reversal of the refund because this is not fair to me. Since the parcel was delivered I should get paid. However, eBay Australia pushed me through to ebay France because the claim was raised from the France site. ebay Australia refused to do anything about the case; and ebay France rejected my appeal , refused to look at the evidence and keep saying that I can only make one appeal.

I don't know what do to with this and this transaction is about AUD$1000. I'm thinking to take legal actions now after having no solution reached with ebay Australia . I believe ebay Australia has responsibility too since I listed my item on the Au site? Is it worthwhile to go to the NCAT tribunal?

[papermoon.lady]

From what I have read here in similar cases, yes, you probably have to seek help outside eBay. Once a buyer gets a refund, they don't get involved if the item arrives later.

Below is what they say. If the buyer does not cooperate or is not honest though, it is the seller who will have to take action.

If your item arrives after you've received a refund

It's possible that your item may still arrive after you've been issued a refund. If this happens, you should get in touch with the seller and try to reach an agreement on what to do next. You can choose to either:

• Return the item and keep the refund
• Keep the item and arrange to reimburse the seller

[gutterpunkz05]

Selling Internationally does have its benefits but it also comes with additional risks, your dispute and any future legal action, is now between yourself and the buyer.