Item partly received.... What's reasonable

[wardy079]

I ordered some sheets about two weeks ago and they haven't arrived. I contacted the seller who tracked them down with the courier and I was advised that they would be delivered late this week early next week. I'm ok with this, annoyed, but whatever....

Then today I get a phone call from the courier who said that my package is sitting at a bus terminal in the next town waiting for me to pick it up. I'm annoyed at this because:
- I shop online so I don't have to drive to the next town
- the next town is 25 minutes away
- I have to pick it up today or tomorrow

I'm really annoyed, I understand it isn't really the sellers fault but I paid $15 for delivery to my door, now I have to drag my children (and my own arse) into the next town to pick the stupid parcel up.

I'm tempted not to pick it up and lodge a INR.

I know I'm grumpy but what would others do in this situation?

[wardy079]

But why open a dispute if she is offering the refund?  She's just asking me to accept the cancellation first.

I thought that I should tell her to refund first, then I'll agree to the cancellation, and if she doesn't agree to that then lodge a dispute

[***super_nova***]

But why open a dispute if she is offering the refund?  She's just asking me to accept the cancellation first.

I thought that I should tell her to refund first, then I'll agree to the cancellation, and if she doesn't agree to that then lodge a dispute

How experienced is she?  If she has a low FB explain to her that she has to refund first by logging into her PP account and clicking on the "refund" link next to the transaction.  When you get the message from PP that you received refund, make sure it is for the whole amount including postage.

But if she has a lot of FB, I would just go through the dispute.  PP dispute does not hurt seller.

[digital*ghost]

But why open a dispute if she is offering the refund?  She's just asking me to accept the cancellation first.

I thought that I should tell her to refund first, then I'll agree to the cancellation, and if she doesn't agree to that then lodge a dispute

If the courier service provided the seller with proof of postage (There was tracking mentioned earlier, so I presume it did), then opening a dispute won't get you anywhere.

The seller is wanting you to cancel the transaction first most likely to ensure the FVF is credited before issuing the refund, but considering the circumstances and as a seller, I think the refund should come first. I would definitely agree to the cancellation, but I just think at this stage the refund should be unconditional. 

She is also correct in that eBay automatically lists courier services as express deliveries, which is incorrect. Some couriers are faster than AP, others and slower, but they're often not express services as such, so eBay have got it wrong, there.

[wardy079]

She has a feedback of 130 at 100%..........

I'll just say that I want the refund first and then I will agree to the cancellation

[phorum_junkie*]

Just because the seller has proof of postage it does not mean they will automatically win a Paypal dispute, having proof of postage is the minimum required, if there is clear evidence the item has not been delivered then the seller would have to prove that evidence wrong especially if it is not an AP delivery.

Had the seller immediately refunded and apologised I would have agreed to a mutual cancellation, as yours did not accept responsibility for their choice of delivery method I would tell them I would consider a cancellation after receiving my refund. Depending how quickly I had my money back after that would dictate if my consideration led to my agreeing or not.

The statement about delivery times is nonsense, all they need to do if ebay quote 3 days is add a few days handling time and that will extend it.

[digital*ghost]

Just because the seller has proof of postage it does not mean they will automatically win a Paypal dispute, having proof of postage is the minimum required, if there is clear evidence the item has not been delivered then the seller would have to prove that evidence wrong especially if it is not an AP delivery.

Had the seller immediately refunded and apologised I would have agreed to a mutual cancellation, as yours did not accept responsibility for their choice of delivery method I would tell them I would consider a cancellation after receiving my refund. Depending how quickly I had my money back after that would dictate if my consideration led to my agreeing or not.

The statement about delivery times is nonsense, all they need to do if ebay quote 3 days is add a few days handling time and that will extend it.

It will still display as Express Shipping on the listing, which is a bit of a double-edged sword when it comes to couriers.

Not too sure about the PayPal situation, to be honest, there's nothing in the seller protection T&Cs that I can remember that says if you can prove you sent it but the buyer can prove they didn't receive it, you won't get seller protection - when the buyer refuses to collect an item (regardless of how justified their reasons may be and that the seller used a different delivery service than specified), I believe that actually compromises buyer protection, not seller protection.

[wardy079]

Well I have the text messages from the courier telling me where it is..........that should be enough really

[thecatspjs]

Don't agree to the cancellation before you get a refund or receive your goods and are happy with them.  A cancellation effectively cancels the "sales contract" between you and the seller.

.

[wardy079]

SHe is saying that she rang ebay support and they told her not to refund until I agreed to the cancellation.  And if by some chance she didn't refund me after I agreed to that, then I could just do a PP claim.

That's not right either is it??

[arnl7178]

Wardy, I would just write back to her, and explain that you're not prepared to agree to cancellation without your refund first.

I would open the PayPal dispute as mentioned above. It's probably an easier option for you.