topic Re: Item not deliverd allegation, eBay Refunded, in Selling

Item not deliverd allegation, eBay Refunded,

chocolatetreat — Wed, 01 Oct 2025 12:23:26 GMT

What does the Community think about this, I sold an item to a buyer in Italy, within two weeks of posting with tracking and signature delivery a Refund request was received for not being delivered, Tracking showed the item still in the mail, I advised both the customer and eBay that it takes longer than two weeks to get to Italy, The customer is having none of that and continues with his request and eBay refunds the customer whilst the item is in Customs, I appeal and I am upheld but within 24 hours that is reversed and the money is gone again. cut a long story short I now have signed proof of delivery from Italy Post but I can not get eBay to look at the case as they say it is too old and already been denied, are they all brain dead? Customer gets the money back and the goods and there is nothing I can do, I'm out $1200.00aud.

Re: Item not deliverd allegation, eBay Refunded,

springyzone — Mon, 22 Sep 2025 06:58:54 GMT

That's truly appalling.

Hopefully you can find another way to get through to ebay or to talk to someone else, a supervisor.

If you have been in constant & recent touch, it should not be too 'old'.

Of course, an honest buyer would now be seeking to refund you as they have the item but I have a bad feeling this person knew what they were doing. Overseas transactions are always potentially more fraught if there are problems. Would it affect you a lot if you were to, for example, limit sales over a certain amount to Australia only?

Good luck. Someone else may have more advice but for now, I'd be trying ebay again.

Re: Item not deliverd allegation, eBay Refunded,

chocolatetreat — Mon, 22 Sep 2025 07:44:45 GMT

I have blocked Italy completely, it is not the first time I have had an item disappear in that country, what makes this different is the time frame eBay took to refund and their complete disregard to any rights I may have, ingoring of proof of delivery and then after Italy Post investigation sending me a signed proof of delivery trying to ignore me. If I get no resolution I will go to fair trading and am prepared to do a tribunal or court hearing on this, eBay is essentially allowing a thief to steal with their assistance.

Re: Item not deliverd allegation, eBay Refunded,

gutterpunkz05 — Mon, 22 Sep 2025 11:46:06 GMT

Hi there, Was it the item sold on 1st July.

Was the item past its latest estimated delivery date, and was the item shipped within your stated handling time.

How long did delivery take

Standard Air to Italy, normally 6-10 business days (Note late June Tech problems in Italy were causing significant delays) (Followed by strike delays)

Economy Air to Italy, is apparently suspended

Economy Sea, 2-3 months

Re: Item not deliverd allegation, eBay Refunded,

gutterpunkz05 — Mon, 22 Sep 2025 12:15:17 GMT

Just to add when you list an item for international sale, jurisdiction falls to the specific ebay site from where the item is purchased, in this case most likely ebay.it

This may explain why your appeal was overturned, and if it is the case any legal action will need to be launched in Italy, with ACCC etc having no relevance.

Re: Item not deliverd allegation, eBay Refunded,

wiseowlbooksandcollectibles — Wed, 01 Oct 2025 09:04:02 GMT

I'd be fuming too! Ebay should review this, go higher then the CS operator that follows a script. You have proof that the item was delivered, plus you have no control what happens from here to there, especially if its sitting in customs. They should have told the buyer to wait a bit longer because it is held up in customs. Who cares if the buyer is kicking up a stink, they should be fair to the seller as well who has followed all Ebay's policies.

Re: Item not deliverd allegation, eBay Refunded,

davewil1964 — Wed, 01 Oct 2025 09:52:35 GMT

Going higher won't make a difference.

eBay has automated procedures.

Re: Item not deliverd allegation, eBay Refunded,

gutterpunkz05 — Wed, 01 Oct 2025 10:45:17 GMT

I wonder why seller protection did not apply!

Re: Item not deliverd allegation, eBay Refunded,

e_purchasing — Sun, 05 Oct 2025 07:48:17 GMT

Document everything and lodge a claim in QCAT against eBay themselves

Understand that you have fulfilled your duty and have proof and eBay does not have the right to deny you payment for the goods and services you provided. If they wish to refund the buyer and let them keep the goods, that is simply their choice but must be done out of their pocket and not yours. You are NOT responsible for eBay's systems , eBay is , and if "it is too old and already been denied", that is eBay's issue and not yours

Re: Item not deliverd allegation, eBay Refunded,

padi*0409 — Sun, 05 Oct 2025 08:42:14 GMT

This was a different situation you yours, read back a few posts on this thread to gutterpunk's response where they say,

"Just to add when you list an item for international sale, jurisdiction falls to the specific ebay site from where the item is purchased, in this case most likely ebay.it

This may explain why your appeal was overturned, and if it is the case any legal action will need to be launched in Italy, with ACCC etc having no relevance."

Re: Item not deliverd allegation, eBay Refunded,

davewil1964 — Sun, 05 Oct 2025 09:05:51 GMT

Why QCAT?

eBay specifically state they are subject to NSW law.

Re: Item not deliverd allegation, eBay Refunded,

e_purchasing — Tue, 07 Oct 2025 09:39:23 GMT

That is totally incorrect, under Australian law, the sale occurred in QLD , the contract of sale occurred in QLD, where the parcel went is irrelevant to jurisdiction. Furthermore, eBay Australia is the intermediary in this line contract where they act like an escrow service and hold the buyers fund and do not release to you until the time there is proof of delivery. Again, under law, delivery occurs at the post office it was lodged at https://www.legislation.qld.gov.au/view/html/inforce/current/act-1896-006#sec.34 . QCAT will hear the matter and make a determination

Re: Item not deliverd allegation, eBay Refunded,

e_purchasing — Tue, 07 Oct 2025 09:58:54 GMT

QCAT because seller is in QLD and they hear matters relating to The Australian Competition and Consumer Act (which all states adopt incl NSW (so it is a NSW law anyway)), Furthermore state ACTs mirror each other ie each state has their "goods act" which essentially only differs in title ie (QLD) Sale of Goods Act 1896 , (NSW) Sale of Goods Act 1923, (VIC) Goods Act 1958

Nobody, not even eBay ,can limit someones rights and put jurisdictional restrictions to prevent them from exercising those rights.

Re: Item not deliverd allegation, eBay Refunded,

gutterpunkz05 — Tue, 07 Oct 2025 11:01:30 GMT

If the buyer purchased the item on ebay.it, then that is where the transaction occurred. The seller had the item listed for international sale, which includes all international ebay sites that the seller has not excluded.

If the seller only had the item listed on ebay.au ( not the case) then the buyer would have to access and purchase the item via ebay.au, and the jurisdiction would fall to Australia. (again not relevant in this instance)

Re: Item not deliverd allegation, eBay Refunded,

davewil1964 — Tue, 07 Oct 2025 11:05:09 GMT

Go for it.

eBay, as padi has copied from eBay's T&Cs, explicitly state that you are wrong.

They also undoubtedly have deeper pockets than you

Re: Item not deliverd allegation, eBay Refunded,

lezned-toycollector — Tue, 07 Oct 2025 11:14:47 GMT

Please explain to us all, why exactly you are of the opinion that after agreeing to the User Agreement, it doesn't apply to you.