Seller took too long to post, items now no good

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

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Seller took too long to post, items now no good

I don't understand that. If she does it in the same colour pen then so what?

She could even forward it. We used to get the odd letters and parcels forwarded by the new owner when we moved, he just wrote "Try.....ใ€Šaddressใ€‹", and reposted, everything arrived here no probs. (Yes I did pay for forwarding, it just wasn't perfect). Tracking worked too.
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Seller took too long to post, items now no good


@lyndal1838 wrote:

DO NOT put the seller's address on the parcel and then put "Return to Sender".......you can only put the words "Return to Sender"  and nothing else.  There must be a return address on the parcel for you to use that function.


Lyndal, I've found nowhere in Australia Post's terms & conditions where it says she can't write the return address on the back if there was none provided by the sender. But yes, she should check this with Aus Post.

 

 

Message 42 of 69
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Seller took too long to post, items now no good

I was told that you cannot change the address on a parcel without paying more postage.  You could readdress it to anyone you wanted to and put "Return to Sender".  How does the PO know where it came from originally.

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Seller took too long to post, items now no good


@lyndal1838 wrote:

I was told that you cannot change the address on a parcel without paying more postage.  You could readdress it to anyone you wanted to and put "Return to Sender".  How does the PO know where it came from originally.


Yes, you cannot change the address the sender put on it. But if it's blank?

 

 

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Seller took too long to post, items now no good

But that is the point.....if you put the address on the parcel it could be anyone's address.  AP does not know that it is the sender's address.

 

Message 45 of 69
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Seller took too long to post, items now no good


@lyndal1838 wrote:

But that is the point.....if you put the address on the parcel it could be anyone's address.  AP does not know that it is the sender's address.

 


If the parcel remains unopened, and it wasn't signed for but merely placed in their letter box or on their doorstep, the OP can still refuse it by returning it to the post office with 'return to sender' marked on it, as per 25.1 (below). If it has no return address & Aus Post were to then open it, as per 26.1.2(ii) (below) if after examining the contents they were able to ascertain the senders address they can then send it to that address.

 

If however it remains unopened and is refused by the OP and the OP can obtain the correct senders address from the financial service provider involved in the transaction pertaining to the parcel, in the circumstances presumably Aus Post should be able to consider the senders address as having been properly 'ascertained'. Tbh I'm not sure why it's even necessary to go that far, I haven't found anything to say that in the absence of a return address the OP can't just write the sellers address on the back after having obtained it from Paypal. This is something she needs to check with Aus Post though. I'd be surprised if they don't allow it, as there's no benefit to be had by the OP in writing a false address, & no benefit to either Aus Post or the seller in the OP returning it to Aus Post with no address thereby making it 'undeliverable'. 

 

 

25 Refused articles

 

25.1 Where in the reasonable opinion of Australia Post an addressee has declined to
accept delivery of an article or where an article has been placed in a box or bag in
which the addressee usually receives articles and is subsequently returned to
Australia Post endorsed with an indication that the addressee has declined to accept
delivery of the article, the article shall be deemed to be refused by its addressee.

 

26 Method of dealing with unclaimed etc. articles

 

26.1 Subject to clauses 26.3 and 28, where an article is unclaimed, refused by, or
undeliverable to, its addressee, the article shall:
26.1.1 if it has a return address be delivered to that address;
26.1.2 if it has no return address and it has been opened pursuant to the Act; and
(i) if, in the reasonable opinion of Australia Post, the correct address of the
addressee of the article has been ascertained โ€“ be delivered to that
address; or
(ii) if the correct address of the addressee has not been so ascertained, but
the address of the sender has been ascertained โ€“ be returned to the
sender; and
26.1.3 in any other case - be treated as an undeliverable article and dealt with in
accordance with clause 27.

 

Message 46 of 69
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Seller took too long to post, items now no good

Mostly agree with MB but My Goodness, this has become complicated!

 

Please correct where I am wrong:

 

OP opens a dispute with Paypal***, gets instruction to send back to the seller to <<insert address>>.

 

She hasn't opened the parcel so can still refuse delivery. This is so that she (rightly) doesn't have to pay return post.

 

She puts the seller's address on the back of the parcel.  The AP aren't the writing police, nor have writing analysts on staff, so there is no problem here. She could even make a printed label and stick it on.

 

OP checks with AP that she does not wish to accept the delivery as it was sent in error (or whatever), and that it will be tracked back to the seller (which it should, as per other undeliverable parcels).  If AP can't gurantee this, then I agree she will have to pay return post, but I seriously doubt it.

 

Done.

 

 

***The bit I'm not confident about is whether paypal will accept SNAD or INR??  It was delivered after all??

 

 

Message 47 of 69
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Seller took too long to post, items now no good

Paypal will not accept either reason....the item has been received, and there is no way that the buyer can know if it As Described if they have not opened it.

This is really getting silly....IMO the OP should just accept the parcel and get on with her life.

So she has 2 more dresses than she needs.  Not a really huge deal.

Message 48 of 69
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Seller took too long to post, items now no good

Very fair point, at some stage it comes time to decide it's not worth any more time or stress for the sake of a few dollars. The OP sells as much as she buys, so if she doesn't keep them for herself she has the option of selling them on. She can console herself by giving the seller the feedback they deserve, along with the knowledge that the seller is now much less likely to make the same mistake again.

Message 49 of 69
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Seller took too long to post, items now no good

A lot of angst over $50 - and seller had good feedback apart from the neg and neut left by buyer - who also seems a little free handed with the red dots -- JMO

_________________________________________________________

You can't please all the people all the time, so now I just please myself


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