Buyer paid but never picked up, past refund date

[darthdidgy]

As stated in the title, a buyer bought an item from me, paid on the day through PayPal, but never came to pick the item up.

It was well past the 60 day refund limit on PayPal.

What is my situation legally? Am i permitted to both the item and the cash?

[i-love-my-sheep]

Have you tried contacting the buyer at all?

[lyndal1838]

There is no limit on the time you can refund.  If the refund button has disappeared you can still see the buyer's email address to send the refund.

If it was a pickup item your buyer never had any recourse through paypal, just as you have no protection if the buyer funded the payment with a credit card and does a bank chargeback.

Legally the buyer has no recourse now (and never did) but it is rather immoral of you to keep the item and the money.

Have you made any effort to contact the seller?

[thecatspjs]

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@lyndal1838 wrote:

Legally the buyer has no recourse now (and never did) but it is rather immoral of you to keep the item and the money.

Have you made any effort to contact the seller?

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Of course the buyer has legal recourse they remain the owner of the goods until the OP goes through the appropriate uncollected goods process in their state.

OP the legal process to finalise uncollected goods can be clarified by contacting your State department of fair trading or consumer affairs - there are different requirements depending on the value of the goods involved.

Based on our laws in Oz you are not entitled to keep the goods and the money, however whether or not the buyer would pursue possession is an entirely different matter.

Personally I would just refund the buyer less any costs you have incurred such as eBay final value fees or reasonable storage fees.

[character_parties_aus]

I would document to the buyer a message on the following terms

* You note buyer has paid for the item

* Buyer hasnt picked it up

* YOU have now held it for 60 days at no charge

* Is there a problem ( buyer could be overseas could be dead could be a death in the family etc)

* If there is no problem and the item is not picked up in the next X (14?) days it will be destroyed or donated to charity unless otherwise agreed with the buyer

That way you have documented an end game and if the buyer doesnt take action then tough **bleep**.

It would be a little rude to keep both item and $ so if not collected if appropriate dontate it to charity and if not chuck it out? I certainly wouldnt be reselling it on ebay.

Just an idea. Feel free to slate me.

[iamanark]

OMG ... did someone give the wrong advice .... again

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Just shows that because they are a prolific poster ... doesn't mean they know what they are talking about

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Shows that advice given by some should always be treated with caution (especially in legal areas)

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It is not over until the Fat Ladies post

[saarzi]

as stated above, they buyer ABSOLUTELY has legal recourse.

I would contact the buyer and ask if they want the item, if they dont want it, call Ebay and ask them how to process it - if it was me, Id like the buyer to get a "non paying buyer" strike (despite the payment, it is being refunded due to buyer activity (or lack there of)).

If they do not reply after a couple of emails, I would call Ebay and ask what to do ANYWAY, as above.

If you go down the legal track, there potential for you to have this item and their money in limbo for years.

[harley_babes_hoard]

do the morally correct thing and refund the buyer

[davewil1964]

It is nothing to do with eBay.

It is between the seller and the buyer, taking into account legal requirements (and morality).