Seller has my money, has the item I bought AND is reselling it

[lvlouise]

So, here's a predicament for you all - I NEED HELP! 

I bought an item ($3500 AUD) from a seller in Japan and when it arrived in AU, it incurred customs charges, which sadly, I cannot afford.  I requested to send the item back to the seller.  The seller received it, signed for it and is now still in possession of the item.  

The seller refuses to give me my money back.  eBay have been VERY helpful and VERY unhelpful.  I have made over 20 calls to eBay customer service and spoken to many people, all of whom have agreed with me that the seller cannot keep my money AND the item.  However, today I received an email from eBay telling me that they will NOT refund my money.   However, the seller is now RESELLING the item with an active listing.  There are distinctive 'wear and tear' marks on the item which are evident in the new listing, so it is undeniable that it is a different item.  I am at my wits end here and need some advice.  I have spoken to so many people at eBay who say Yes, you will get your money back which gives me hope,  Then an email (not even a call) tells me that I will not get my money back!  

I have been with eBay for 19 years and have 100% feedback.  I have never had an issue before so this is devastating.  

What do I have to do to get my money back?  

Please help - I need some help with what to do next.  

[countessalmirena]

OP, the customs charges are your responsibility… Quoting:

❝As a buyer, it's your responsibility to check which customs and import charges may apply to items being sent from overseas, and to pay them.❞

— https://www.ebay.com.au/help/buying/shipping-delivery/changing-delivery-address-method/international...

The problem for you is that you’re not covered by eBay’s Money Back Guarantee as a result of your not paying the customs charge. Quoting:

❝Exclusions and special coverage when the buyer doesn't receive an item

[…]

The item was sent internationally and didn't clear customs because fees or duties weren't paid

Covered: The seller overstated the value of the item or misrepresented the item's location, which caused customs fees or duties to be higher Not covered: The buyer didn't pay applicable customs fees or duties for any other reason

[…]❞

— https://www.ebay.com.au/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-pol...

I think you’re going to have to rely on your card issuer/bank. A chargeback on the basis of the item not having been received is your only option. I’m surprised that your seller hasn’t voluntarily issued you a refund (less the postage cost). 

I’m a little conflicted about this. It was your responsibility to know about the fees and charges, and by refusing to pay them you have put out the seller. But this is too much money to lose … so a refund of the item price seems the least undesirable outcome.

[davewil1964]

As the countess said, Customs fees and GST are your responsibility. As is knowledge of how purchasing from overseas works.

Yes the seller should refund you less all incurred costs (postage, packing, eBay fees) but they are certainly not required to.

It falls under failure to collect.

[gutterpunkz05]

As the importer, you were responsible for all  Taxes, GST, and import duties, payable at the border, on import.

By failing/refusing to pay these costs for customs clearance, you have forgone all ebays protection and  MBG, effectively you abandoned the item at the border.  Not sure what arrangement you made, or with whom, for the item to be returned to sender.

[sugar249]

---

@lvlouise wrote:

I have been with eBay for 19 years and have 100% feedback.  I have never had an issue before so this is devastating.  

What do I have to do to get my money back?  

Please help - I need some help with what to do next.  

---

Doesnt matter how long you have being with Ebay or what your feedback is you failed to read the T&C's and failed to collect the item.  Simple really.  Not the sellers fault that you abandoned the goods.

What to do next,  read the T&C's before you purchase again, and stop causing problems for sellers.

Sadly I do agree, it is most likely a bit of a stretch to not refund you at least a part of the cost,  but at the end of the day its not Ebays responsibility to make sure you have done the right thing, and the seller has being inconvenienced as well by your decisions.