Seller took too long to post, items now no good

[truckiewoman01]

Just wondering what my rights are.

I purchased 2 dresses from a seller on 26th October for a cruise that I was going on on 12th November. Seller listing says that she posts "within 3 days". I paid immediately with paypal. After 3 days with no notifications,(this was on Wednesday) I contacted seller to check telling her of my time limit.

She replied with I will post by the weekend. Still no notications so on Sunday I contacted seller again, reminding her of the time limit.

Her reply was I have been bust with work, I will post Monday.

No notifications on Monday so I contacted again - her excuse this time, my car has broken down, I should get it back Wednesday and will post then. I told her that this was no good that it wouldnt arrive in time (Melbourne to Perth) and lodged a paypal claim for a refund.

She responded to the claim on Wednesday saying that she had posted item, but when you check tracking, it says received by AP sorting centre 21:54pm Thursday so she probably just stuck it in a postbox whenever.

AP says that I wont receive the parcel until "between Thurs 13th and Mon 17th too late for me to use on the cruise.

I have had to go out and buy 2 new dresses to use instead. Do I have to just accept the fact that she posted 'a minimum' of 10 days after sale date or will paypal refund me.

Thanks for your thoughts

[polly.the.cat]

Would have been quicker to take the Mack or the Kenworth over to pick them up, the Seller knew of your travel plans, took your order and money straight away, and has "fobbed" around ever  since. Thats the facts in a nutshell, so l do not think you will have a problem with PayPal.  Would'nt hurt to call them though.  Have a safe & happy cruise with mr. truckie, and for get all your worries.

[horizon1907]

Yeah, sounds like she was just far too busy to post your items, yet had time to respond to msg. Could she had not got a friend / relative / neighbour / work collegue to go to the PO and post it for you ? Geeez,some people are slack.  ps. have a great time 🙂

[modestbods]

OP, call Paypal on the phone and speak to them direct. Tell them what's happened & ask them to advise you on how to proceed.

In the circumstances I believe the seller was in error to send the goods AFTER the claim had been lodged (which you can prove to Paypal via the tracking & your messages), & especially if as you say you had made it clear to them via messages that it would no longer arrive in time prior to their then posting it.

You need to check with Paypal as to whether you should now accept delivery of the package or not, (please note I am not suggesting you either should or shouldn't accept delivery, I'm saying ask Paypal what to do) and whatever they advise you to do ask that they please also send you an email confirming that advice. 

 Hopefully paypal will agree the seller was wrong to send the goods in the circumstances & decide in your favour regardless of whether the goods are now received, or whether you refuse delivery & they are instead bounced back unopened via AP as 'return to sender'.

I repeat, speak to Paypal and get their advice asap (like now, before it arrives).

Good luck, and enjoy your cruise.. 

[truckiewoman01]

Thanks for your advice guys especially modestbods.

I did try and ring paypal today, went through all the press 1 for... press 2 for... then without speaking to anyone was put into a hold queue. After nearly 15 minutes of elevator music with no come back at all I hung up. I did then email paypal and tole them the story and asked for advice but they said that it will take up to 48 hours for a response. I will try ringing again on Monday - maybe I got a bad time.

[cq_tech]

No need to wait until Monday as Paypal are open for business all weekend. Their phone number is 1800 073 263 or 02 8223 9500, and their weekend business hours are 0800-1900 on Saturdays and Sundays. They're also open from 6am until 10pm Mondays to Fridays, which means they're still open until 10pm tonight.

[modestbods]

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@truckiewoman01 wrote:

Thanks for your advice guys especially modestbods.

I did try and ring paypal today, went through all the press 1 for... press 2 for... then without speaking to anyone was put into a hold queue. After nearly 15 minutes of elevator music with no come back at all I hung up. I did then email paypal and tole them the story and asked for advice but they said that it will take up to 48 hours for a response. I will try ringing again on Monday - maybe I got a bad time.

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They are available to call from 6am - 10pm Mon-Fri AEST (so 3am - 7pm WA time), and 8am -7pm Sat & Sun (so 5am-4pm WA time).

Don't leave it to Monday, either call them again tonight or during the weekend. It's possible there may need to be some back & forth between you & Paypal, Paypal & the seller, & you and Paypal again, before they make a decision & can advise you whether or not to accept delivery. It could take a few days or more, & you need that advice from them sooner rather than later due to the time constraints you're under, with your cruise less than a week away.

 If you call them from a landline it's a free call so it doesn't matter how long you are on hold it costs you the same ($0). If you have a speaker button on your phone just press it & relax whilst you wait, make a cuppa and read a mag or something. I recently had to contact an eBay rep & was on hold over an hour waiting for one, it's been my experience that paypal are usually better than that, but don't expect them to be... just be patient and expect it could take a while (I know I know, I hate being on hold too, but it's worth it for something like this). (Ofc if you only have a mobile, & if your provider charges you for 1800 numbers, like mine/most do, then the call could wind up costing you more than the dresses, in which case consider asking friends/family if you could use their landline.

You are far better off talking to someone direct than relying on an email response from them, as you can ask & answer questions when talking to a live rep, along with your providing a real persons voice (face) to your claim (a little empathy can go a very long way).

Please let us know how it works out.

Best of luck.

[modestbods]

LOL You beat me to it.

I bet you are a bid sniper too.  ...oops hang on, so am I... nevermind 

[truckiewoman01]

Thanks again. I never realised that they were open late, I rang them and by the miracles of modern technology, I got through nearly straight away - (only a 5 min wait).

Spoke to a consultant Jeff who told me that if I "return to sender" and they can see that the sender has received the goods back, then paypal will refund. I asked for that in writing but he told me that they dont do that but he would put a note on my account to that effect.

I will check with the post office to make sure that the tracking will show this, and have my house sitter do it when it rocks up (i will get him to note when it arrivers too)

Thanks so much for your help.

Another win for the little guy (or gal)

[truckiewoman01]

Thanks for advice - I never knew that they were open late. All sorted now, they told me to return to sender unopened and paypal will refund.