From a previous reply that I posted in another thread:
@countessalmirena wrote:
Never wait longer than the timeframe that you have for a remedy.
That is, eBay's Money Back Guarantee will protect you for up to 30 days from the date of delivery (or the latest Estimated Delivery Date if the item hasn't arrived). You have absolutely not even 1 second longer than 30 days to open a dispute for a refund or replacement. (I suggest never leaving it until the last day, mind you, in case of an unexpected issue preventing you from acting - illness, computer problem, technical glitch, forgetting, etc.)
PayPal Buyer Protection will protect you for up to 180 days from the date of transaction (the day when you paid for your item). You have absolutely not even 1 second longer than 180 days after buying to open a PayPal dispute for a refund.
Your credit card/debit card will protect you for whatever period the issuing bank or financial insitution state in their terms and conditions. This may be 2 months, 3 months, or up to 6 months (the longest that I have seen). You might be able to get your bank to make an exception than that, if you have extenuating circumstances, but it is generally speaking unlikely.
Seven and a half months is too long for any of those.
If your seller is an Australian business with ABN, The Australian Consumer Law (ACL) offers consumer protection. It doesn't apply to hobby sellers in Australia or to international sellers, whether they are selling on eBay or not. If you have sought a remedy within a reasonable timeframe and not been provided with one, you should be able to make a complaint to your state's Consumer Affairs/Fair Trading.
A seller's word that they will refund you or replace the item is only as good as the seller's obligations under a policy (or law) that will enforce those obligations, and the ability you have to set in motion a dispute or claim under a particular system.
To sum up:
- Protection under eBay: 30 days from the latest EDD (or the delivery date if the item was received);
- Protection under PayPal: 180 days from the date of the transaction;
- Protection under credit/debit card (chargeback): the period stated in the card's T&Cs (possibly up to 6 months);
- Protection under ACL only applies if you purchase from an Australian business. Check Consumer Guarantees guide for detailed information. Doesn't apply if you purchased from a seller registered overseas on eBay. See ACCC's page regarding eBay and online auctions.
Actions & time frames when the buyer doesn't receive an item
Action | Time frame |
The buyer reports that the item hasn't arrived or was not available for collection Report an item that hasn't arrived - opens in new window or tab | Earliest: Latest: |
The seller responds to the buyer's report The seller is required to respond and provide either tracking information, delivery updates, or a refund. | Latest: - 3 business days after the report date
If the seller provided tracking details, eBay may close the case automatically once tracking shows the item has been delivered. |
Ask eBay to step in If the seller hasn't responded or if the buyer and seller can't reach a resolution, they can ask us to step in and help. eBay may step in without the buyer asking if there is no valid tracking information available. | Earliest: - 3 business days after the report date
Latest: - 21 business days after the report date
|
Deciding the outcome when the buyer doesn't receive an item
When a buyer reports that they didn't receive an item and the transaction meets our eligibility requirements, we will look for:
- Evidence of successful delivery to the address provided by the buyer at checkout, or
- Proof that the buyer collected the item
If we determine that the item was not successfully delivered or collected:
- The buyer will receive a refund for the full cost of the item and original postage, and
- The seller may be required to reimburse eBay for the amount of the refund
