international customs charges - who is responsible for them? Buyer, or seller?

[yourtrashiscash]

I recently sold a MacBook Air to an eBay user in Belgium (I am in Australia).

After selling the item, I contacted the buyer, to try to help them avoid customs charges.

So, not knowing local Belgium customs regulations, I suggested I send as a gift, but asked what value to put on the postage slip.

But, so that I also maintained my side of the auction, where i state handling will be within 3 days, I asked them to reply within 24 hours.

No reply was received in this time, so I sent the item, marked as a gift, in a gift type box (so no markings of the original apple box), with insurance marked as value $1800 (which is what they paid for the item).

The next day the buyer emailed to ask me to mark the item as a gift (which I had done), but to leave the value empty. 

Here in Australia you cannot do this for international parcels. So, I feel the value I put was correct, in case it was lost or damaged.

A week later the buyer, having made no further cobtact with me, filed a claim, via paypal, for non-delivery. I provided evidence to paypal that I had sent it (the tracking number), which was then pending the buyers response. This tracking number had also been entered on the item in eBay, the day I sent it.

2 days later I received an eBay message from the buyer, telling me he was going to the post office to collect the item, but was being charged over 300 euro's as a customs fee, quoted the last 2 messages we had sent each other, and stated that he would not pay the customs fee, and was therefore sending the MacBook Air back to me!

As far as I am aware, it is the buyers full responsibility to pay any customs charges, and not the seller.

I am fearful that the buyer will leave negative feedback (I pride myself on 660 100% positive feedbacks) and also try to get their money back, which has been transferred out of my paypal account already (as you earn no interest with them), which means any further sales I make that are paid into my account would go towards paying a negative balance, as paypal automatically freezes the sale amount, when a dispute is made.

I have messaged the buyer back, advising them of what I understand the facts to be, and offering to try and resolve any issues they have, but that ultimately I did all I could to minimise any customs charge. They have not yet replied.

Can anyone advise me on the correct protocol for this and how to possibly avoid any dispute being made or furthered? Also, am I right in stating that customs fees are the responsibility of the buyer?

Thanks

yourtrashiscash

[putney32 · Accepted solution]

yes, customs fees are the responsibility of the Buyer

and are payable in most EU countries on the whole amount, whether is it a gift or not.

however, it is against Australian Law to list as a gift something which is actually a commercial transaction, or to even offer the buyer a chance to ''avoid'' customs/GST.

by signing that Customs Declaration to the fact that a commercial transaction was a ''gift'' you have put yourself at risk.  not worth it for any sale.

[rf · Accepted solution]

I would fight the PayPal dispute as customs fees are always the responsibility of the buyer. To make matters worse, it appears the buyer attempted to scam you by opening an item not received case. If the case is still open, upload the tracking ID and wait for the next step.

[rf · Accepted solution]

PS if he does not pay the customs fee, there is no way for him to send it back as he would in effect need to release item by paying customs fee. He is expecting item to be returned to sender. In which case, PayPal will find PayPal dispute in your favour. Buyer will lose both item and money. It is great they also have messaged you with the details you have provided indicating what they will be doing as this covers you further with the PayPal dispute 🙂

[yourtrashiscash]

Awesome feedback. Thank you. Very much appreciated

[yourtrashiscash]

Thanks for the reply. I thought I was OK, I just wanted to check.
I had a feeling he was trying to fleece me. Unfortunately for him I'm very astute and always cover my **bleep**

[yourtrashiscash]

Thank you for the info. Appreciate it. Never used the community thing. It's pretty awesome!

[babylonfuture]

I'm interested in one thing here.. how did you convince Australia Post to accept the macbook, considering it has a battery and they do not allow batterys to be sent via Air. Even in Australia....

Cheers

[niftynattythings]

It's a good idea to have conditions of sale on all of your listings.  Here are 2 clauses I have on mine regarding customs.

1. The purchaser agrees to assume the cost of any taxes, import duties, or any other fees and charges which might be levied by your country.
2. The buyer acknowledges that the seller is not responsible for any actions or delays by customs officials, postal services, or courier services.

You should also know that in every case in all countries, it is the IMPORTER who is responsible for paying any customs charges.  That means the eBay BUYER.  It is not up to the seller to know what the customs laws are in all countries.  

Never ever make an incorrect customs declaration on any document you lodge with your consignment.  It's not your job to help the buyer avoid their countries tax.  eBay sales are NEVER gifts.  

[colic2bullsgirlore]

^^^ actually sellers are required to know the customs and import prohibitions of every country their listing quotes

postage or allows postage to be quoted

http://pages.ebay.com.au/help/pay/international-shipping-rules.html

Who pays for customs?

Generally, buyers pay additional costs such as duties, taxes, and customs clearance fees. To avoid problems, make sure that your listing clearly states this. You can copy and paste this directly into your listing:

International buyers – please note: Import duties, taxes, and charges aren’t included in the item price or postage cost. These charges are the buyer's responsibility.

Please check with your country's customs office to determine what these additional costs will be prior to bidding or buying.

If you receive negative or neutral Feedback from the buyer about having to pay import duties and taxes, we may remove the Feedback. Find about more Feedback which refers to customs delays or customs fees.

Note: It's illegal to falsify customs declarations or mark an item as a "gift" in order to avoid customs fees.

If a buyer asks you to commit customs fraud, report it to us.

Where do I find customs forms?

As an eBay seller, you'll need to fill out the appropriate customs form as provided by your carrier.

In most cases, this means that you'll only have to fill out one form that contains the following information: sender's name and address, recipient's name and address, and the package's contents, value, and weight.

You can find these forms at your nearest Australia Post outlet.

http://pages.ebay.com.au/help/sell/intl-ov.html

especially business sellers that sell to Germany

Under EU consumer protection law, business sellers who sell items over the Internet to German consumers must provide their customers with information about their business, their contact details and provide further details that may be important to complete the transaction prior to the conclusion of the contract. Download the PDF to learn more.

Note: Visit the Australia Post website before specifying international postage to learn more about sending mail overseas – including international delivery options, customs regulations and postage regulations for the countries you're posting to.

http://auspost.com.au/parcels-mail/sending-overseas.html