SELLER DID NOT POST AS ADVERTISED IN THE LISTING.

[ep000001]

Recently I purchased an item from a seller.

The seller advertised the postal Method as being Australia Post.

The seller then went and sent the item via another delivery service other than Australia Post.

I waited over a week for the item.

In the end, it was not even delivered by the courier the seller chose contrary to the listing.

And, the delivery status in the tracking showed a false "Delivered" status.

I know the item was not delivered due to my CCD surveilence system not recording the delivery on that, or any other day.

Whether the seller was in kahoots with the chosen delivery company I don't know.

My point is that some sellers believe they can do what they want and not abide by the rules.

I took it to the resolution center, opened a case against the seller, and won with a full refund issued.

It's a possibility that the courier delivered to the wrong address. 

I don't know for sure, and the person that may have received my delivery in error, has not come forward.

The point here is that the seller advertised Australia Post as the delivery method, and acted contrary to the listing, sent the item with Aramex (formerly Fastway), and the item was not delivered. Subsequently a "Delivered" status was falsely applied to tracking history.

And that is just not ethical.

[*tippy*toes*]

I freaking love armchair lawyers. Seems anyone these days can get a Google degree. At least Dennis Denuto actually had a law degree....

Fooly schick maaaaaate!

[digital*ghost]

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@ep000001 wrote:

It's not a contradiction. ebay will take it into account. You just need to state the facts and ensure they are verifiable.

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The reason I asked how, and said it was in direct contradiction with how eBay handle INR cases, is because eBay don't even provide the option to open an INR case when the order has a "delivered" status, certainly not in the usual way anyway.

There are numerous threads here from buyers stating that they can't open a case even though they didn't receive their item, for this very reason. 

[countessalmirena]

@ep000001,

I'm not sure that you've correctly understood the transfer of risk with goods to be delivered to the buyer.

❝Risk prima facie passes with property

Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk, whether delivery has been made or not: [...]

Delivery to carrier

Where in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.❞

- Sale of Goods Act 1923 (NSW - current)

It is, however, part of the terms and conditions applying to purchases on eBay, paid for by PayPal.

eBay explicitly has policy wherein the goods are at the seller's risk until the delivery can be proved to the buyer's address (rather than to the carrier).

PayPal's policy has the goods at the seller's risk until there is proof that the seller has posted the goods / transferred the goods to the carrier - which is more in line with Australian legislation.

Some day a seller may challenge eBay legally about this transfer of risk, since a User Agreement which obliges an individual / business to agree to terms which negate a consumer's or business's rights under Australian legislation is very likely to be unenforceable, and may land eBay in hot water. However, eBay seems to date to have "managed" the situation, probably by a combination of incorrect advice given to complainants, the significant imbalance in power between eBay and its users, the wish not to risk having the complainant's account summarily suspended, and so on.

[padi*0409]

Be interesting to see if that fits in with the OP's agenda Countess - somehow I doubt it........

Hope you're travelling OK young lady.  

Spoiler

.............a red rose of course................

[countessalmirena]

Well, I hope the poster can take that information into account.

Spoiler

I'm travelling on a bumpy road. Strange dream 3 nights ago where the family was inside a sort-of galleon or classic sailing ship with rich baroque curves, and through a large curlicue of sea-proof window forming part of the hull I could see the ceaseless frilled wind-tossed waves butting against other ships just like ours. I was so glad to be with the respective family members, enjoying this exciting journey upon the waters, and then I heard myself saying lazily, "I'll have to tell [xxx] that you're not dead" ... and then I woke up and realised it wasn't so.

Oh well. With more time on my hands than I expected, I've been attacking some aggressive weeds in the back garden. It's all matted underneath with dry springy net-like mass, one main root with other stalks having taken root. It is HUGE. It was running against almost the entire width of the back of the house. The stuff is pernicious; I've been hacking at it with Fiskars 360° Servo System Grass Shears (only getting through with these in increments, exerting all of my strength), filled up the entire organics bin, and have enough for - oh, 4 more, I'd say.

[instylecollectables]

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@countessalmirena wrote:

Well, I hope the poster can take that information into account.

Spoiler

I'm travelling on a bumpy road. Strange dream 3 nights ago where the family was inside a sort-of galleon or classic sailing ship with rich baroque curves, and through a large curlicue of sea-proof window forming part of the hull I could see the ceaseless frilled wind-tossed waves butting against other ships just like ours. I was so glad to be with the respective family members, enjoying this exciting journey upon the waters, and then I heard myself saying lazily, "I'll have to tell [xxx] that you're not dead" ... and then I woke up and realised it wasn't so.

Oh well. With more time on my hands than I expected, I've been attacking some aggressive weeds in the back garden. It's all matted underneath with dry springy net-like mass, one main root with other stalks having taken root. It is HUGE. It was running against almost the entire width of the back of the house. The stuff is pernicious; I've been hacking at it with Fiskars 360° Servo System Grass Shears (only getting through with these in increments, exerting all of my strength), filled up the entire organics bin, and have enough for - oh, 4 more, I'd say.

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You haven't by chance chopped down your grape vine have you your countess

[padi*0409]

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@instylecollectables wrote:

You haven't by chance chopped down your grape vine have you your countess

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OOOPS, ther goes the next vintage of Pinot Noir.................

[katistrophik]

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@ep000001 wrote:

If what you are stating is true, then i can only state for the record:

Just like the sellers, I'm also allowed to make "mistakes" and "errors" here so I can be excused...

  The way you excuse the Sellers ? Riiight PML

[countessalmirena]

Not unless grape vines look like wild violets with dead matting... 

“Every veyne” has not been “bathed [...] in switch licour”, and in my admittedly biased view this horrid stuff has no “vertu”. Inside the dry tough springy evil matting I have found:

• a tennis ball
• plastic wrapping of an ancient energy bar or similar 
• paper documents with printing now unreadable
• dust and more dust
• creatures
• white blobs /nests/cocoons
• sticks
• unidentifiable metal thing
• empty tin
• fiendish plan to destroy all humankind
• jagged piece of black plastic from who knows what

I have wine here (bought, not produced in back of garden!), and I think I’ll make some coq au vin for tomorrow’s dinner.

[cactusfever01]

The vulture is at it again. Waiting, waiting for the prey.....you thrive on this page, don't you?