Seller does not send article, wait

In mid September I won an auction for a plastic welder from a seller in my city. I paid the winning price plus postage  via Paypal straight away. After a few days I contacted the seller who told me he was away for 3 weeks and would post when he got back. I waited. And waited. Nothing happens. I reported it to eBay 25 October and contacted the seller.

 

  There was no reply from the seller. Today I get an email from PayPal saying the refund would be put into my account and that the case was closed. No explanation was given. I looked at case history - it had been closed by eBay .

 

The reason given was : 

We didn't receive valid tracking information from the seller.
Final decision:
The case has been closed in your favour.
 
 
So - case closed  as far as eBay is concerned! 
 
 
But I assure you not as far as I or the NSW Fair Trading Department are.
 
 
No explanation was given to me about valid reasons for the local seller not honouring a simple transaction! He has a legal obligation to supply the article won at auction. EBay has a legal obligation to make sure Sellers are genuine and provide a safe platform for these commercial transactions.
 
And no way to contact eBay directly to get an explanation or lodge a complaint..The wesbite has been deliberately set up to thwart any direct action with ebay itself. Which begs the question - why?  Too many dissatisfied customers.
 
 
My consumer rights have been breached and obviously eBay is not concerned about that. That's why we have Fair Trading and solicitors well versed in Commercial Torts though , isn't it?
 
 
It's not as though eBay can't get hold of the seller. I can give them his email address, name, address and phone number and the business he runs.
 
I do not want a refund. I want the article I bought and paid for.
 
What to do next?
Message 1 of 23
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Re: Seller does not send article, wait

Sure, but how much do you think contract law has changed?

Do you believe that the courts would genuinely say an eBay sale was a binding contract 10 years ago, but not now? And if so, why?
Message 21 of 23
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Re: Seller does not send article, wait


@aegvidu wrote:

In mid September I won an auction for a plastic welder from a seller in my city. I paid the winning price plus postage  via Paypal straight away. After a few days I contacted the seller who told me he was away for 3 weeks and would post when he got back. I waited. And waited. Nothing happens. I reported it to eBay 25 October and contacted the seller.

 

  There was no reply from the seller. Today I get an email from PayPal saying the refund would be put into my account and that the case was closed. No explanation was given. I looked at case history - it had been closed by eBay .

 

The reason given was : 

We didn't receive valid tracking information from the seller.
Final decision:
The case has been closed in your favour.
 
 
So - case closed  as far as eBay is concerned! 
 
 
But I assure you not as far as I or the NSW Fair Trading Department are.
 
 
No explanation was given to me about valid reasons for the local seller not honouring a simple transaction! He has a legal obligation to supply the article won at auction. EBay has a legal obligation to make sure Sellers are genuine and provide a safe platform for these commercial transactions.
 
And no way to contact eBay directly to get an explanation or lodge a complaint..The wesbite has been deliberately set up to thwart any direct action with ebay itself. Which begs the question - why?  Too many dissatisfied customers.
 
 
My consumer rights have been breached and obviously eBay is not concerned about that. That's why we have Fair Trading and solicitors well versed in Commercial Torts though , isn't it?
 
 
It's not as though eBay can't get hold of the seller. I can give them his email address, name, address and phone number and the business he runs.
 
I do not want a refund. I want the article I bought and paid for.
 
What to do next?

I have gone onto the NSW fair Trading website and had a look at the online form to lodge a complaint. Near the end of the form it has a drop down menu which asks " what would you like as an outcome" . It goes on to give around eight options. Two of those are A full refund or a part refund.

 

You have recieved a full refund, so although it is not the outcome you where seeking, NSW Fair Trading are going to take one look at the fact that you have been refunded in full and move their limited resources onto something much more important, where a buyer has really been ripped off and hasnt seen a cent.

 

I understand you are frustrated that you didnt get an expensive item at a greatly reduced price, but you are wasting your time and energy making empty threats to ebay and the seller. You've got your money back, so time to move on.

Message 22 of 23
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Re: Seller does not send article, wait

And as usual, the OP never comes back to read the replies. They got their refund, what more do they want? I'm guessing they realised their "rights" didn't mean much after all?

Message 23 of 23
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