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. 

[davewil1964]

The ACCC has no jurisdiction outside of Australia. So a purchase from a US seller is not in their purview. Ditto any State government ombudsman.

Don Quixote, pick your windmills

[countessalmirena]

If you funded your purchase via PayPal, use PayPal’s Buyer Protection (covered for 180 days from the date of purchase).

If you didn't use PayPal but funded your purchase from your credit or debit card, contact your bank/card issuer asap to do a chargeback. (Check your card’s specific T&Cs, because each one has different dispute timeframes, varying from

1 month to - at most (and by no means the majority) - 6 months from the date of transaction, with 2-3 months probably more likely than 6 months.

You’ll need to act quickly if it’s the chargeback route you’ll be taking.

Bear in mind you can open a PayPal dispute after a failed eBay dispute; you can request a chargeback after a failed PayPal dispute or eBay dispute - but you can’t go the other way. Needless to say, you can only open one such kind of dispute at a time.

eBay's MBG has a clear timeframe – 30 days from the latest EDD (estimated delivery date) or (for not as described) from the actual delivery date. To be covered for a refund under it, you would have needed to open an INR dispute (Item Not Received) within that timeframe… but at least you have the other options I’ve outlined.

[markthomson35]

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. I was reliant on direct comms with the seller who tried to help but never got anywhere with it. When I was finally able to log a case, eBay denied it and then subsequently denied my appeal. Now all their social dm’s are saying that’s it’s gone past the 30 days and they can’t help due to policy. This is utterly ridiculous when they can see that I had contacted the seller 1 week after the original delivery date which was a month after the order date. It seems to be a very unethical loophole that both sellers and eBay are utilising for purchases where delivery dates go beyond the 30 day mark. I will never ever use eBay again regardless of whether my bank resolves this. I will also lodge a complaint with the Australian Consumer Law Enforcement agency ACCC as this treatment is not acceptable or tolerated in this country. Thank you countessalmirena however for taking the time to help me - it’s greatly appreciated and I wish you all the best with your business. 

[markthomson35]

I’m not completely across the ACL but ths is from their website:

The ACL is a national law to protect consumers. The Australian Competition and Consumer Commission (ACCC) alongside the state and territory consumer protection agencies jointly administer the ACL. ACL applies to anyone conducting business in Australia, this can include businesses that are overseas.

[markthomson35]

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.

[gutterpunkz05]

You have already been advised  ACCC has no jurisdiction  or authority when you buy from overseas.

Your seller appears to use  eIS for international shipping, and therefore is only responsible for the item reaching eIS depot in USA.  As you state the item made it to  Australia, the seller has no responsibility for any refund.   eIS  takes all responsibility for international shipping.

As you are aware, you are  not covered by ebay MBG, as you have exceeded the time limit to make a claim.

[markthomson35]

Sounds like self interest from an eBay seller trying to understand law. 

[repentatleisure1952]

---

@markthomson35 wrote:

Sounds like self interest from an eBay seller shooting from the hip rather than trying to understand law. Go back to gutter champ. 

---

Sounds like a typical clueless buyer who did not use the tools available to him  & then does not like the facts when they are presented to him.

[gutterpunkz05]

---

@markthomson35 wrote:

Sounds like self interest from an eBay seller shooting from the hip rather than trying to understand law. Go back to gutter champ. 

---

Why would I have any self interest in your predicament.

You bought the item from the USA, not from anyone in Australia, let alone a business.  (ACL does not apply)
Obviously you are not aware that ebay is merely a sales platform and that you have no claim against  ebay, no matter what you think.

And it appears obvious that you have no idea about  eIS, which is where  you should have directed your claim.

Just be careful not to beak the law, with any attempt to claim via paypal or your financial institution.  As  I am sure you have no idea of your legal obligations in making any such claim