Refund for non delivery

[markthomson35]

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. 

[gutterpunkz05]

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@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.

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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.

[sugar249]

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@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. . 

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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.

[markthomson35]

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. 

[padi*0409]

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@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?

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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.

[markthomson35]

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. 

[markthomson35]

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. 

[padi*0409]

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@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. 

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So this is not transparent ????

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

[sugar249]

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@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. 

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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.

[markthomson35]

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

[padi*0409]

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@markthomson35 wrote:

Your comfort in the warm embrace of eBay is transparent.

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

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