goods not received

[keithblackbeard]

Hi all, i have openned a case with paypal for goods not received and i'm communicating with the seller who wants to know if he can resend the items, I did ask first for a refund, I dont mind if they resend the items but they are from china which means at least another month, iv'e already waited a month and would rather just pay extra local, should i insist on a refund or wait ? not sure what to do

[cq_tech · Accepted solution]

There's no way any replacement items would arrive before your total time of 65 days for an escalated Paypal dispute has expired, so your options are fairly limited.

If your seller is amenable, ask them to refund you but also resend the items, and you will repay them once they've arrived, although it's unlikely they'll do that.

Your only other alternatives are to get your refund and reorder from the same seller, if you can afford to wait another 3-4 weeks for them to arrive, or bite the bullet, pay a bit more and purchase locally.

At least that way if there's an issue, it can be solved relatively quickly when you're dealing with a local seller.

Whatever you ultimately decide, make sure your seller refunds you within the 45 day Paypal cutoff period, and if he hasn't, escalate to a full claim at which point Paypal will take over and resolve the case in your favour.

[keithblackbeard · Accepted solution]

OK thanks for the reply, Ill just insist on a refund, i've waited long enough anyway

[cq_tech]

I agree, and would also be buying locally after all this time stuffing about. Incidentally, you probably already realise this, but under no circumstances should you close your Paypal dispute until you have your refund back in your account, and if it's not there within the 45 day cutoff, you'll need to escalate or Paypal will close your claim.

[phorum_junkie*]

It is actually up to the seller if they resend or refund but to win the Paypal case they would have to send a replacement with full tracking, not liikely they will do that, if it was cost effective they would have used trackable post to start with.

If you haven't already just escalate to a claim and then your communication with the seller is over and Paypal will handle the claim from there on in.

The likely outcome is the seller will have to post a replacement and provide Paypal with a valid tracking number within 10 days or Paypal wil issue your refund.

[cq_tech]

PJ, in the event that a seller elects to resend with full tracking, but the item once again doesn't turn up, the original Paypal dispute will have well and truly expired by then, so does Paypal consider the replacement to be a separate transaction, or are you essentially taking a risk as you have no buyer protection on the replacement item?

Just curious, as I don't recall that specific subject ever having been brought up here before.

[tstore]

PayPal will reopen a closed case at their discretion even after 60 days has elapsed. I would just ask for a refund and repurchase item from the seller (if seller is okay with this)

[digital*ghost]

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@cq_tech wrote:
PJ, in the event that a seller elects to resend with full tracking, but the item once again doesn't turn up, the original Paypal dispute will have well and truly expired by then, so does Paypal consider the replacement to be a separate transaction, or are you essentially taking a risk as you have no buyer protection on the replacement item?

Just curious, as I don't recall that specific subject ever having been brought up here before.

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The Australian Buyer Protection policy states that if the seller provides proof or postage (either for an original or replacement shipment) the buyer is not eligible for protection - which in turn means if the seller elects to send a replacement with acceptable proof of postage, the dispute (at the very least theoretically) will close in their favour. Delivery is irrelevant in Oz, but whether or not that extends to buying on Oz eBay from OS is something I don't know 100%.

[phorum_junkie*]

PJ, in the event that a seller elects to resend with full tracking, but the item once again doesn't turn up, the original Paypal dispute will have well and truly expired by then, so does Paypal consider the replacement to be a separate transaction, or are you essentially taking a risk as you have no buyer protection on the replacement item?

If it has full tracking then Paypal would find in the seller's favour as they would with the original transaction if that had been available. It would then be up to the buyer to persuade Paypal that they had not received their goods and so Paypal, not the seller should refund them. The ten day period after a dispute is escalated to a claim can easily be extended and often is.

It doesn't usually take a complaint to the FSO, the threat is usually enough and sometimes you don't even need to go that far as they will accept a Stat Dec comforming it has not been delivered.

[cq_tech]

Thanks to both PJ & d*g for your clarification on what is surely a hypothetical situation as I can't imagine anybody in their right mind accepting the promise of a replacement under such circumstances.

However, I was more curious as to how Paypal would view the transaction, and whether or not they would stick rigidly to their 45+20-day cut-off period, or under such specific circumstances, reopen an already closed case.

Still, as you say, a Stat Dec regarding non-receipt and the threat of a complaint to the FSO should be sufficient to have the case reviewed.

As I said above, I only asked out of curiosity, plus I like to make a point of keeping up-to-date with Paypal's T&Cs while they have unfettered access to my credit card and bank account.