Buyer Got Refund For Lost Item

[custombits]

I sold some car parts to a buyer in Greece. The parts were large and the most economical way to send was via sea freight with Australia Post. Now, sea freight as Ebay are clearly not aware does not have or use tracking numbers. It of course also takes longer. The buyer opened a case. I have, and sent him a copy of the shipping receipt from Australia Post which clearly states the destination as Greece. So, Ebay in the infinite wisdom have refunded the buyer even though the chances are he has, or will get, the parts.

I have appealed this ridiculous decision but I doubt anything will happen. How am I responible for the package once it leaves my hands at the post office. In effect the purchaser could quite simply lie and he gets his parts and his money back.

Should I contact the Australian Compition and Consumer department. This almost borders on fraud / extortion.

[springyzone]

Selling stuff overseas can be a real pitfall, I know.

If things go wrong, you lose a lot.

I feel for you as you've lost out really badly by trying to be helpful.

If I were you, I wouldn't necessarily give up on ebay but I would block all overseas purchases, especially on heavy stuff such as car parts.

Then send within Aust with tracking.

Don't try sending cheaper without, the buyer might ask for that but if you do it and anything goes wrong, they won't stand for that. So look after your own interests.

As for gumtree.

It may be okay for big parts, especially as pick up only.

I've found  though that sometimes you don't get as much for items on there.

Had a wall unit on there for $30, no takers. Sold for about $60 on ebay. Ditto a bookcase.

If  you do decide on gumtree, mark your items up about 15% as people rarely offer you full price.

[phorum_junkie*]

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@thecatspjs wrote:

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@phorum_junkie* wrote:

Sorry but the ebay policy is very clear, no proof of delivery, no seller protection. You chose to take the rsk of sending by a method that does not have a high enough proof of sending and delivery so you automatically lose. Only you can control what shipping service is used so if you offer an unsafe delivery method and the buyer chooses that because it is cheaper you leave yourself open to a dispute which you cannot win.

It s not fraud or extortion, it is ebay policy which you agreed to when you opened your account.

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I am not sure why you continue to quite vocally support shonky business practices that are not supported by Australian law.

Please stop advising others that they just because they have an account they have some how signed away their rights under Australian law.  They have not. 

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I am not sure why you continue to parade only part of the regulations, that is

Delivery to carrier

(1) If, under the contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether known by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.

the above part (1) without also quoting the rest of the parts, particularly in this case part (4) which applies directly to the OP and shows that the consumer law entirely in agrees with the ebay that the seller is liable.

(2) Unless otherwise authorised by the buyer, the seller must make a contract with the carrier on behalf of the buyer that is reasonable, having regard to the nature of the goods and the other circumstances of the case.

(3) If the seller omits to do so and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or herself or may hold the seller responsible in damages.

(4) Unless otherwise agreed, if goods are sent by the seller to the buyer by a route involving sea transit, the seller must give notice to the buyer that will enable the buyer to insure the goods during their sea transit and, if the seller fails to do so, the goods shall be deemed to be at the seller’s risk during the sea transit.

[thecatspjs]

What exactly have you quoted ?

No source ....

Edit not withstanding you undermine your own postion .... bahahahaha

"delivery of the goods to a carrier, whether known by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer."

The buyer paid for post according to invoice and cost issued to them. 

[thecatspjs]

BTW glad to see you are clutching at legislative straws instead of continuing to advise others as you clearly did earlier in the thread that if you have an account with eBay you give up your rights.....pull the other one its got bells ...

[lyndal1838]

The OP did not give up his right to send the item by sea mail....but he did give up his right to seller protection by doing so.

[jensmanchester-australia]

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@thecatspjs wrote:

What exactly have you quoted ?

No source ....

Edit not withstanding you undermine your own postion .... bahahahaha

"delivery of the goods to a carrier, whether known by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer."

The buyer paid for post according to invoice and cost issued to them. 

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PJ's quote is section 35 of the NSW Sale of of goods Act.

[thecatspjs]

Thanks Jen.

I am familar with the Victorian Act but not other States, though I have a broad understanding that there is some level of consistency but it is not a given.

[thecatspjs]

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@lyndal1838 wrote:

The OP did not give up his right to send the item by sea mail....but he did give up his right to seller protection by doing so.

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What "seller protection" are you referring to Lyndal ?  That rights that a sender has under the Act ?  

It is unclear as to exactly what transpired between the seller and buyer regarding type of carriage. 

By paying the buyer agreed to whatever postage terms the seller sent through on his invoice, price, service and time frame for delivery.

[lyndal1838]

The rights that the seller has to ebay or paypal seller protection.  Surface mail is not a recognised delivery method as it is too slow.

[thecatspjs]

lyndal i have no clue as to what you mean.