topic Re: Refund for non delivery in Buying

Refund for non delivery

markthomson35 — Wed, 12 Jun 2024 09:22:56 GMT

Hi, just checking in with other EBay users for comment. I am based in Australi and ordered goods from a US seller in March this, almost 3 months ago. The seller sent the goods via the EBay assigned carrier and were lost once they arrived in Australia. The carrier has deemed the parcel lost and I have requested a refund but neither the seller or eBay are willing refund me. How is this lawful and how do they get away with it. I’ve complained on twitter and I keep getting different excuses including that it is now outside the 30 day money back guarantee. The way I see it, they simply refuse to refund you within the 30 day period and push the obligation back on the seller even though it was not the sellers fault or responsibility once the goods left their door. Now it’s oat the 30 days they closed my case and say that I’m not eligible for the money back guarantee. I’ve gone to twitter and the app itself. The conversation is now about 30 messages long and they still refuse to act. Don’t use EBay. If you have an issue like this make sure you reach out to the Australian Competition and Consumer Commision for information on how to raise a complaint and follow up with the relevant State government ombudsman. It is simply

not good enough for a company to behave in this way. Australian consumers should expect far better ethical standards.

Re: Refund for non delivery

davewil1964 — Wed, 12 Jun 2024 10:23:40 GMT

The ACCC has no jurisdiction outside of Australia. So a purchase from a US seller is not in their purview. Ditto any State government ombudsman.

Don Quixote, pick your windmills

Re: Refund for non delivery

countessalmirena — Wed, 12 Jun 2024 10:49:42 GMT

If you funded your purchase via PayPal, use PayPal’s Buyer Protection (covered for 180 days from the date of purchase).

If you didn't use PayPal but funded your purchase from your credit or debit card, contact your bank/card issuer asap to do a chargeback. (Check your card’s specific T&Cs, because each one has different dispute timeframes, varying from

1 month to - at most (and by no means the majority) - 6 months from the date of transaction, with 2-3 months probably more likely than 6 months.

You’ll need to act quickly if it’s the chargeback route you’ll be taking.

Bear in mind you can open a PayPal dispute after a failed eBay dispute; you can request a chargeback after a failed PayPal dispute or eBay dispute - but you can’t go the other way. Needless to say, you can only open one such kind of dispute at a time.

eBay's MBG has a clear timeframe – 30 days from the latest EDD (estimated delivery date) or (for not as described) from the actual delivery date. To be covered for a refund under it, you would have needed to open an INR dispute (Item Not Received) within that timeframe… but at least you have the other options I’ve outlined.

Re: Refund for non delivery

markthomson35 — Wed, 12 Jun 2024 13:15:29 GMT

Thank you that is very helpful. Interestingly because the parcel was still showing as in transit when it wa already deemed lost by the carrier I didn’t have the option of looking an “item not received” case. I was reliant on direct comms with the seller who tried to help but never got anywhere with it. When I was finally able to log a case, eBay denied it and then subsequently denied my appeal. Now all their social dm’s are saying that’s it’s gone past the 30 days and they can’t help due to policy. This is utterly ridiculous when they can see that I had contacted the seller 1 week after the original delivery date which was a month after the order date. It seems to be a very unethical loophole that both sellers and eBay are utilising for purchases where delivery dates go beyond the 30 day mark. I will never ever use eBay again regardless of whether my bank resolves this. I will also lodge a complaint with the Australian Consumer Law Enforcement agency ACCC as this treatment is not acceptable or tolerated in this country. Thank you countessalmirena however for taking the time to help me - it’s greatly appreciated and I wish you all the best with your business.

Re: Refund for non delivery

markthomson35 — Wed, 12 Jun 2024 13:26:39 GMT

I’m not completely across the ACL but ths is from their website:

The ACL is a national law to protect consumers. The Australian Competition and Consumer Commission (ACCC) alongside the state and territory consumer protection agencies jointly administer the ACL. ACL applies to anyone conducting business in Australia, this can include businesses that are overseas.

Re: Refund for non delivery

markthomson35 — Wed, 12 Jun 2024 13:34:02 GMT

Also this from ACCC website: Overseas online businesses and purchases.

When an online business is based overseas and provides goods or services directly to consumers in Australia, the business must follow the Australian Consumer Law. This includes rules on the consumer guarantees.

Re: Refund for non delivery

gutterpunkz05 — Wed, 12 Jun 2024 13:39:34 GMT

You have already been advised ACCC has no jurisdiction or authority when you buy from overseas.

Your seller appears to use eIS for international shipping, and therefore is only responsible for the item reaching eIS depot in USA. As you state the item made it to Australia, the seller has no responsibility for any refund. eIS takes all responsibility for international shipping.

As you are aware, you are not covered by ebay MBG, as you have exceeded the time limit to make a claim.

Re: Refund for non delivery

markthomson35 — Thu, 13 Jun 2024 00:15:42 GMT

Sounds like self interest from an eBay seller trying to understand law.

Re: Refund for non delivery

repentatleisure1952 — Wed, 12 Jun 2024 15:38:33 GMT

@markthomson35 wrote:
Sounds like self interest from an eBay seller shooting from the hip rather than trying to understand law. Go back to gutter champ.

Sounds like a typical clueless buyer who did not use the tools available to him & then does not like the facts when they are presented to him.

Re: Refund for non delivery

gutterpunkz05 — Wed, 12 Jun 2024 16:25:34 GMT

@markthomson35 wrote:
Sounds like self interest from an eBay seller shooting from the hip rather than trying to understand law. Go back to gutter champ.

Why would I have any self interest in your predicament.

You bought the item from the USA, not from anyone in Australia, let alone a business. (ACL does not apply)
Obviously you are not aware that ebay is merely a sales platform and that you have no claim against ebay, no matter what you think.

And it appears obvious that you have no idea about eIS, which is where you should have directed your claim.

Just be careful not to beak the law, with any attempt to claim via paypal or your financial institution. As I am sure you have no idea of your legal obligations in making any such claim

Re: Refund for non delivery

gutterpunkz05 — Wed, 12 Jun 2024 16:39:23 GMT

@markthomson35 wrote:
Also this from ACCC website: Overseas online businesses and purchases.
When an online business is based overseas and provides goods or services directly to consumers in Australia, the business must follow the Australian Consumer Law. This includes rules on the consumer guarantees.

Again you have no idea, you purchased an item from someone in the USA via ebay. you have no proof that they operate an online business, nor that they sell direct to Australia, and in any event your scenario does not meet either criteria.

But go ahead and waste your time, no skin off my nose chump.

Re: Refund for non delivery

sugar249 — Wed, 12 Jun 2024 20:59:25 GMT

@markthomson35 wrote:
Thank you that is very helpful. Interestingly because the parcel was still showing as in transit when it wa already deemed lost by the carrier I didn’t have the option of looking an “item not received” case. .

See and thats why you have got it all wrong, you can open an INR even if it it still showing as in transit. Once the EDD has past, an INR can be opened. An INR can be opened for up to 30 days past the EDD.

Not sure who or what convinced you this is the case. Maybe the seller did, or maybe you didnt think far enough ahead. Based on your logic there are not many cases where you could open an INR.

Don't blame Ebay for you not using or understanding the tools at your disposal. If you had you would have more than likely won the case hands down.

I believe Judge Judy will be better than the ACCC, she wields a lot of power.

Re: Refund for non delivery

markthomson35 — Thu, 13 Jun 2024 01:42:00 GMT

All I am saying is that it appears to sellers that know the world of eBay and its processes far better than the very occasional buyer like myself and in this case, the seller I chose. At the end of the day, is it right for a buyer to be out of pocket when they pay and don’t receive their items? I followed up with the seller at least 10 times, even called the carrier and on forwarding agents myself to be advised that the parcel was deemed lost. With all of this in mind if a company with a market cap of $30 billion still can’t resolve such an issue I believe it’s unacceptable and small minded. With so much invested in the eBay platform I understand why some sellers can only see one side - that’s the “self interest”. Quality businesses and sellers would be willing to put their opaque processes aside by putting themselves in the shoes of the people that pay their bills, their customers.

Re: Refund for non delivery

padi*0409 — Thu, 13 Jun 2024 01:46:00 GMT

@markthomson35 wrote:

At the end of the day, is it right for a buyer to be out of pocket when they pay and don’t receive their items?

You would not have been out of pocket if you had used the tools that eBay provide for buyers, ie opening an "item not received" dispute through the MBG.

Re: Refund for non delivery

markthomson35 — Thu, 13 Jun 2024 01:51:20 GMT

I may be a clueless buyer but I should still be compensated. The self interested seller secure in the warm embrace and security that eBay provides so they can sleep at night. So transparent.

Re: Refund for non delivery

markthomson35 — Thu, 13 Jun 2024 02:01:05 GMT

Maybe my trusted seller should have directed me through the process. Although the eta for delivery was beyond the 30 days and I didn’t raise the issue of non delivery until a week after that because sometimes there are long delays in supply chains. This might be why I couldn’t even lodge an “item not received”. Is that what has likely happened? If so I would still expect compensation.

Re: Refund for non delivery

padi*0409 — Thu, 13 Jun 2024 02:01:55 GMT

@markthomson35 wrote:

I may be a clueless buyer but I should still be compensated. The self interested seller secure in the warm embrace and security that eBay provides so they can sleep at night. So transparent.

So this is not transparent ????

https://pages.ebay.com.au/ebay-money-back-guarantee/

Re: Refund for non delivery

sugar249 — Thu, 13 Jun 2024 02:05:04 GMT

@markthomson35 wrote:
I may be a clueless buyer but I should still be compensated. The self interested seller secure in the warm embrace and security that eBay provides so they can sleep at night. So transparent.

Just from some of your quotes from the ACCC website, you obviously know how to do research and took the time to research it.

Why didnt you spend the same amount of time researching Ebay for what to do if the item doesnt arrive. You sent 10 emails to the seller, contacted the shipping company, but didnt research how to use the Ebay process's, that would have taken the whole of 37.8 seconds.

And before you say it yes I am a seller, oh and a buyer as well.

Re: Refund for non delivery

markthomson35 — Thu, 13 Jun 2024 23:17:29 GMT

Your comfort in eBay is transparent. Sellers that use eBay in lieu of actually being accountable. In plain English for you.

Re: Refund for non delivery

padi*0409 — Thu, 13 Jun 2024 02:14:20 GMT

@markthomson35 wrote:

Your comfort in the warm embrace of eBay is transparent.

Indeed it is as I know how to use the tools that eBay provides for buyers (and sellers).

As do you now............................