topic Re: so much seller Guarantee in Selling

so much seller Guarantee

3415len — Wed, 24 Aug 2016 09:18:01 GMT

what a joke customer buys item we send item with Australia post tracking 5 days latter buyer places claim not received

we supply tracking as requested {never matter it is already posted) 5 days latter ebay refund custumer and stsate we never supplied tracking , GG what do you ahve to do EBAY do these morons know rthere owen rules they have written ,

between them and Australia post there the 2 biggest corrupt business going.

is there anyone in Ebay have scruples

Re: so much seller Guarantee

justkidzbiz — Wed, 24 Aug 2016 09:31:46 GMT

Doesn't matter if you supplied tracking or not, unlike Paypal who only require proof of tracking, eBay require proof of delivery.

Re: so much seller Guarantee

clarry100 — Wed, 24 Aug 2016 10:06:55 GMT

You need to provide the tracking thru the formal claim.

Its not good enough to only add it to the order.

And as stated for an ebay MBG claim they require proof of delivery.

ie the tracking must show a delivery scan event for the seller to be covered.

If the claim is raised thru PayPal then all you need to be able to show is that your tracking shows lodged.

Re: so much seller Guarantee

transport-posters — Wed, 24 Aug 2016 13:17:37 GMT

Check to see if it gets delivered and once it does, go back to eBay and notify them. They should rule in your favour. The same thing happened to me with slow delivery to WA. The buyer got their money and postage back, then a week later it got delivered and I chased it up and got all my money back.

I know it's a waste of time to go through hoops to get it right, but unfortunately these annoying hiccups occur every now and then with sales.

Re: so much seller Guarantee

66fit-au — Thu, 25 Aug 2016 02:41:48 GMT

The sad thing is, the eBay MBG for this is not legally enforcable in Australia, check out your states Sale of Goods act - Pretty much the same text in every state...

VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (1) Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.

You should be able to appeal the decision.

Re: so much seller Guarantee

clarry100 — Thu, 25 Aug 2016 03:20:47 GMT

That would make an interesting legal challenge wouldn't it.

I understand that in USA (where all ebay rules originate) the delivery rules are different from AU.

I wonder who has the financial fortitude to mount such a legal challenge against ebay lawyers who would be paid handsomely to defend any such challenges. David & Goliath comes to mind here.

Re: so much seller Guarantee

phorum_junkie* — Thu, 25 Aug 2016 11:31:51 GMT

VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (1) Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.

What has that got to do with the legal agreement between sellers and ebay whereby the seller agrees to reimburse the buyer if an item is not received and the seller cannot provide proof of delivery.

Perhaps you should also have incuded: VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (2) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buye may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages.

Re: so much seller Guarantee

thecatspjs — Thu, 25 Aug 2016 11:56:53 GMT

@phorum_junkie* wrote:
VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (1) Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.
What has that got to do with the legal agreement between sellers and ebay whereby the seller agrees to reimburse the buyer if an item is not received and the seller cannot provide proof of delivery.

Perhaps you should also have incuded: VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (2) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buye may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages.

eBay cannot enforce a "legal agreement" that is not legal under Australian law.

Sending via Aust Post that offers tracked service and is service buyer agreed to, does not make the seller responsible for loss.

FGS stop misleading people about eBay and what they are allowed to do and not do under law

Re: so much seller Guarantee

british_bloke89 — Fri, 26 Aug 2016 00:24:07 GMT

@phorum_junkie* wrote:
VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (1) Where in pursuance of a contract of sale the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.
What has that got to do with the legal agreement between sellers and ebay whereby the seller agrees to reimburse the buyer if an item is not received and the seller cannot provide proof of delivery.

Perhaps you should also have incuded: VIC - Goods Act 1958 Part I—Sale of Goods Section 39 - Delivery to carrier (2) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buye may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages.

I may be wrong, but my interpretation of Section 2 is that your contract with the carrier must be in best interest of the buyer and the goods you are sending, doing everything reasonable to give the best chance of sucessful delivery and maximum accountability. I.E. choosing a reputable carrier, and sending with tracking and signature.