Did not recieve the item after 60 days and I cant report the seller

[victot_0]

I bought a wireless blue tooth car FM Transmitter MP3 player and received the item Mid of Jan 2022. However, it was a broken one. I also tried on friend's car to confirm the seller sent a broken one to me. I contacted the seller who said he will send a new one to me and asked me to wait. After weeks later I still not receive the item and seller had a lot of excuses such as  due to delay of the parcel and so on when I contacted him every time (approximately 7 -8 times in email back and forward). The seller stopped replied me 3 months after and nothing is received. I am unable to report him now. Is there anything I can do? 

Thank you

Victor

 

[papermoon.lady · Accepted solution]

Sadly, you have been scammed. It is a common trick to make buyers wait for a replacement when an item is faulty and tell them to wait and be patient again and again - until it is too late for them to open a case not only on eBay, but even in PayPal (if they used PayPal). This seems to be what happened to you.

Always open a case when you can, and don't close it until you are satisfied.

If you used a cc, you might still be able to initialize a chargeback, but after such a long time the chances are slim.

[sandypebbles]

Not after all this time

The seller never had any intention of sending a replacement , and that is why they strung you long until it was too late to do anything through eBay

Had you opened a not as described dispute within the 30 day time limit, (after last estimated delivery date) there would have been no issue

You would also be too late for PayPal now  (180 days to get your money back)

Where was the seller registered and what was their feedback like?

[countessalmirena]

@victot_0, I hope you did not pay much for the item.

Never wait longer than the timeframe that you have for a remedy.

That is, eBay's Money Back Guarantee will protect you for up to 30 days from the date of delivery (or the latest Estimated Delivery Date if the item hasn't arrived). You have absolutely not even 1 second longer than 30 days to open a dispute for a refund or replacement. (I suggest never leaving it until the last day, mind you, in case of an unexpected issue preventing you from acting - illness, computer problem, technical glitch, forgetting, etc.)

PayPal Buyer Protection will protect you for up to 180 days from the date of transaction (the day when you paid for your item). You have absolutely not even 1 second longer than 180 days after buying to open a PayPal dispute for a refund.

Your credit card/debit card will protect you for whatever period the issuing bank or financial insitution state in their terms and conditions. This may be 2 months, 3 months, or up to 6 months (the longest that I have seen). You might be able to get your bank to make an exception than that, if you have extenuating circumstances, but it is generally speaking unlikely.

Seven and a half months is too long for any of those.

If your seller is an Australian business with ABN, The Australian Consumer Law (ACL) offers consumer protection. It doesn't apply to hobby sellers in Australia or to international sellers, whether they are selling on eBay or not. If you have sought a remedy within a reasonable timeframe and not been provided with one, you should be able to make a complaint to your state's Consumer Affairs/Fair Trading.

A seller's word that they will refund you or replace the item is only as good as the seller's obligations under a policy (or law) that will enforce those obligations, and the ability you have to set in motion a dispute or claim under a particular system.

To sum up:

• Protection under eBay: 30 days from the latest EDD (or the delivery date if the item was received);
• Protection under PayPal: 180 days from the date of the transaction;
• Protection under credit/debit card (chargeback): the period stated in the card's T&Cs (possibly up to 6 months);
• Protection under ACL only applies if you purchase from an Australian business. Check Consumer Guarantees guide for detailed information. Doesn't apply if you purchased from a seller registered overseas on eBay. See ACCC's page regarding eBay and online auctions.

[springyzone · Accepted solution]

If ever you buy anything that is faulty, do not accept the offer of a replacement (unless it is something really, really cheap, like a couple of dollars).

Insist on a  refund.

You do not have to pay return postage either. The seller has to send you a return postage label.

If they won't do any of this, always open an ebay claim within days and follow through with it for a full refund.

[victot_0]

Thank you all for the advice. Unfortunately, I used the ebay gift card to buy and also I am lucky that the item is less than $20 for the lesson learnt.