eBay does not honour their Money Back Guarantee

[philmax-ibrvtv]

On the 17SEP2021 I made a significant purchase on eBay of over 1000 USD. (CL060861285RU) I made sure to use PayPal as I was aware of the MBG policy that requires this to be used. Long story short my item arrived In country (Australia) on the 6th of October, where it was retained by customs which is in accordance with our customs policy as any item over 1000 dollars requires customs fees to be payed.

However I first became aware of an issue when I reached out to customs myself on the 19th of October asking to pay my required import duties. The customs officer notified me that they didn't have the parcel yet so he couldn't proceed and I should contact AusPost. I raised an inquiry for a missing item and  contacted Auspost on the 22nd of October, I was notified that they also didn't have the parcel and closed my inquiry, also informing me that I would be required to contact the seller to launch an investigation Via Russian Post.

I attempted to contact the Seller who I had not heard from since the 17th of September to no avail, unable to proceed I launched a claim as required via eBay on the 01 of November.  On the 06th of November I received an email back from eBay stating they had closed the case in my favour and pending approval from the High Value items team. 

Two Weeks passed and I had not received any contact from eBay or a refund so on the 21NOV2021 I reached out again to eBay asking what had happened, I was notified that I had been denied a refund because I was refusing to pay customs fees. This was perplexing has I had already made clear  that I had tried to pay these fees but I couldn't because the parcel cannot be located. 

I appealed this decision soon after stating I could show them Evidence of my contact with Customs and AusPost, however I was reassured this would not be needed. On the 24NOV2021 Ebay Closed my case in the sellers favour notifying me again that I should pay the customs duty or the item will be shipped back to the seller and on top of that I should contact the seller resolve my issue. 

In conclusion, when one is buying from eBay you are at high risk of losing money even if you follow all of eBays guidelines and policy. eBays customer service does not read what you send them and will just look at the tracking information and conclude that is good enough for their investigation. 

[jellybirddesigns]

I agree - first find out what has happened at Customs. That will give you an answer of how best to proceed subsequently. If the seller had sent a genuine item, then there's no reason it wouldn't pass successfully through Customs.

I think that the seller has sent something that they know will DELIBERATELY be confiscated, but because they sent with tracking, they can wash their hands of it. If I am right, it's a really devious scheme.

Having said that Ebay should NOT be refunding since you can prove you have been in contact with Customs and are trying to locate the item so that you can indeed pay duties, or at a minimum, find out exactly what the deal is with the package.

[davewil1964]

Item is showing as delivered to Australia. Seller would win a case with Paypal (as they have with eBay) because the seller can show tracking to Australia.

We all know, and it has been reiterated in this thread that Customs, etc is the responsibility of the buyer.

[gutterpunkz05]

Customs Declarations for Aus post Parcels

Import declarations are used by importers or licensed customs brokers ,to clear imported goods from customs control.

Generally all goods imported into Australia, are liable for duties and taxes unless an exemption or concession applies.

Goods valued at AUD 1000.00 or less are usually exempt, from import taxes and should be delivered to you directly by Australia Post.

However, duties and taxes will still apply on certain goods  such as (tobacco, tobacco products, alcoholic beverages, etc.) regardless of their value.

We recommend first-time or infrequent importers, to use the services of a licensed customs broker to clear their goods.

Import Declaration (N10) explained

If you plan to clear your goods yourself and the goods have a value of more than AUD 1000.00 ,you will need to make an Import Declaration (N10 Form) and pay the duties, taxes and charges that apply.

An Import Declaration is a statement made by the importer, (owner of the goods) or their agent (licensed customs broker) to Australian Customs, that provides information about the goods being imported.

The Import Declaration collects details on the importer, how the goods are being transported, the tariff classification and customs value.

What we need from you:

1. Parcel Post Notification Card
This is the notification (or letter) sent to you by Australia Post, advising that your purchase has arrived and is being held by customs.
Australia Post and Customs will allocate a ‘customs reference number’ specific to the held parcel, this number is on the notification card or can be obtained by calling Australia Post on 13 76 78.

2. Suppliers Invoice.
This document is your proof of purchase and what you have paid for your consignment. For example, it can be your eBay or PayPal receipt or any other document from the supplier, which list the description and the costs of all your products.

Please note that we will require the supplier’s details, so if they are not on the invoice or receipt please ensure to send them through.

Once we acknowledge receipt of your documents, we will start working on your import declaration and ensure a swift clearance of your goods.

Faster Customs Clearance for Auspost Parcels
Free call ph 1300960616

[jellybirddesigns]

@gutterpunkz - the problem is that Customs cannot find the parcel and the whole purchase is smelling like a scam, unfortunately. Until the OP knows where his parcel is and what has happened to it, they cannot proceed.

[philmax-ibrvtv]

Thanks for that, however I cannot supply all the necessary documents to lodge an N10 as a reference number has not been generated.

Because the parcel cannot be found by either Aus Post or Customs. 

I will seek further clarification from Customs but I'm sure they will give the same response they have been giving for 2 months now. (unable to locate talk to Aus post) (Aus post unable to locate talk to customs) 

[jellybirddesigns]

I know you paid by Paypal, but did you fund the purchase with your credit card?

If you did, you can contact your bank.

[jellybirddesigns]

In addition, I'm wondering if you could lodge a case against Customs for theft or loss?

Since they can't find it, and they cannot tell you what might have happened to it, they are the responsible party since it was in their possession.

[philmax-ibrvtv]

Good idea, I will look into raising a claim with customs.

Also I would like to thank everyone on this thread who has tried to assist me, it is much appreciated. 

[jellybirddesigns]

I would send an email, so that it is in writing and formal. Keep everything in writing, going forward.

Outline the situation in a point by point form.

Then indicate that since they are unable to locate the package, you are holding them responsible and will be looking to raise a claim of loss/theft against the department.

You may have to seek legal advice.

According to the Austalian Federal Police website: 

Complaints about an Australian government department or agency - Report it to that department or agency first. If you are dissatisfied with the response you receive from the involved agency you can then raise your concerns with the Commonwealth Ombudsman (https://www.ombudsman.gov.au/)

[papermoon.lady]

---

@jellybirddesigns wrote:

In addition, I'm wondering if you could lodge a case against Customs for theft or loss?

Since they can't find it, and they cannot tell you what might have happened to it, they are the responsible party since it was in their possession.

---

I agree. Surely they cannot just say that they have lost it and that is it? And as according to the tracking they still have it, it is strange they would even suggest AusPost has it.

It is still possible, if it was indeed a scam and the parcel contained prohibited goods that were not allowed to be imported to Australia, that they destroyed the parcel, but in this case, they certainly should have some documentation?