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    Refused delivery policy not clear with ebay staff
                     

    Summary: fantasybound initiated a discussion about unclear policies regarding refused deliveries on eBay, expressing confusion with the information provided by eBay staff. sandypebbles and other participants engaged, possibly trying to clarify the situation or share similar experiences. Despite several back-and-forth exchanges, the exact details of the policy confusion were not fully elucidated in the posts.

    I have recently had an interaction with ebay support staff that was very inconsistent and the operator interpretation seems to contradict consumer law. I recently refused delivery of an item due to it being waterlogged. After the usual issues with the vendor  refusing to come collect the item and issue a refund I opened a case, the case was initially put on delay and after waiting the 5 days, I contacted ebay support for a resolution. The first operator agreed to process a refund, but couldnt verify my account unless I logged off which disconnected my chat. This happened again a second time, so the 3rd time I requested a call back. There is where I ran into an issue, the ebay support person that called back reviewed the whole case and all the notes from the previous contacts and then said that ebay policy meant that I had to organise the return of the item that I had refused delivery on before a refund could be processed. I explained that under consumer law it wasnt my item to return and I had no obligation at all.

     

    What I'm wondering is, are ebay support staff informed of consumer law, or atleast were to find those laws and are they aware of the differences in obligations between returning an item under warranty and refusing to accept a delivery?

    fantasybound
    fantasybound
    209View listings
    Posted 6 months ago·Last reply 6 months ago
                                           
             
    9 comments

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
                   
    lezned-toycollector

    lezned-toycollector

    ·6 months ago
    View listings

    In response to your OP title, "Refused delivery policy not clear with ebay staff".... 

     

    Based on the information you've provided and the end result, it would appear that the policy is in fact very clear to eBay staff. 

                                           
    sandypebbles

    sandypebbles

    ·6 months ago
    View listings

    eBay staff type from pre-written scripts and you would need to ask eBay 'high ups' why they don't train their staff

     

    There are no warranties on eBay unless you buy from an authorised seller/re-seller

     

    If you refuse delivery, you are not covered by the eBay MBG

     

    And you certainly do not get to say the seller has to come to your home to collect the item (how could they if they refused delivery?)

     

    What kind of case did you open?

     

    You can't open not received when you refused to accept the item and you can't open not as described for something you refused

     

    It was your item if it was addressed to you

     

    Ironic you say eBay staff are not informed on consumer law (true) and 'delivery policy' yet you display no understanding of either 

     

     

    Your choices as a buyer resulted in you not being covered by the eBay MBG

     

    You *could* have opened one had you accepted delivery and then opened a case

     

    It is spelled out very very clearly 

     

     

    eBay Money Back Guarantee policy | eBay

     

     

    The buyer refused delivery of the item

    Covered:

    • The item arrived with postage cost still owing because the seller didn't apply enough postage

    Not covered:

    • The buyer refused delivery for any other reason

    If a package arrives empty or was damaged in transit, the buyer should accept the delivery and report that the item doesn't match the listing.

     

                                           
    fantasybound

    fantasybound

    OP6 months ago
    View listings
    wow, thanks for that but I am well informed on consumer law, I confess Im not aware of ebay policies which is why I asked here but I appreciate your respose.
                                           
    fantasybound

    fantasybound

    OP6 months ago
    View listings
    and to clarify, I didnt open the item or move it, I simply refused to accept it as it was damaged. Had I accepted it as you say I would have then needed to make any claims under warranty and would have in fact been responsible for returning which is why under Australia consumer law we have a right to refuse delivery. I didnt realise it meant that ebay was no longer going to honour their money back terms, so thank you for pointing that out
                                           
    sandypebbles

    sandypebbles

    ·6 months ago
    View listings

    Again, there are no warranties on eBay.

     

    The eBay MBG is not a warranty.

     

    And it is not 'as I say' it is as per eBay policy, it would have involved you accepting the item and then opening a not as described dispute, meaning the seller would have had to of paid return postage if they wanted it back

     

    It has nothing to do with opening it or removing it and wholly to do with refusing to accept delivery 

                                           
    fantasybound

    fantasybound

    OP6 months ago
    View listings
    I guess ebay customers should be aware of all those intricate differences. thanks again.
                                           
    fantasybound

    fantasybound

    OP6 months ago
    View listings
    You are 100 percent correct with the ebay MBG terms. It is legal for eBay to require that a buyer accept a damaged delivery in order to initiate a return and receive coverage under the eBay Money Back Guarantee. This policy is designed to facilitate the claims process for damaged goods and does not violate consumer protection laws, as it ensures the buyer is entitled to a full refund (including shipping) once the damaged item is returned. Key Aspects of eBay’s Damaged Item Policy: Acceptance is Required for Claims: According to eBay, if a package arrives damaged, the buyer should accept the delivery and report that the item does not match the listing. Proof of Condition: If an item arrives broken or damaged, it is considered "not as described." The buyer can return it for a refund, even if the seller does not offer returns. Return Process: When a buyer opens a return request for a damaged item, they must provide photos. The seller is generally responsible for return shipping costs. Exceptions: In some cases, if the item is clearly destroyed or unsafe, eBay may allow the buyer to get a refund without returning the item, but for most items, a return is required. Why this is not illegal: This policy requires the item to be sent back so the seller can verify the damage and potentially file a claim with the courier service. It ensures that the buyer does not receive a free item without proof of damage, while still guaranteeing their money back once the, often necessary, return process is followed. Disclaimer: This information is based on eBay’s publicly available policy documents and user forums, not legal advice.
                                           
    fantasybound

    fantasybound

    OP6 months ago
    View listings

    It is also perfectly legal under Australian consumer law to refuse a damage delivery, and you are then obsolved of all further responsibility for that item, saving you all the hassle of checking, documenting and organising refunds or returns, personally I know which I would choose.

                                           
    gutterpunkz05

    gutterpunkz05

    ·6 months ago
    View listings
    If the seller is not a registered Australian company, then ACL does not apply
                                           
                                                                                     
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