After years of 'debate' about deemed delivery I decided to get clarification so sent this email the the OFT
I wonder if you can clarify something for me. On the ebay discussion boards there is a member who keeps quoting legislation that appears to say that once a seller hands over the goods to the delivery service the item is deemed as delivered and the buyer has no right to a refund. They keep saying that this overrides Paypal buyer and seller protection so even if the buyer qualifies under their policy for a refund for non receipt the seller can refuse
.
I find this impossible to believe and would like to be able to quote something that makes it clear that a buyer is always entitled to their money back if they do not receive what they paid for.
This is the reply
Under the current Australian Consumer Law implemented 01 January 2011
(there then follows a lot about what is a consumer and who has to provide guarantees but none of it applies to delivery but I can c&p it if anyone wants to read it)
If a product has been purchased and not supplied by an Australian based trader (not a private seller), the consumer is entitled to a refund.
By way of general information, for transactions made via credit card you can report a dispute to your credit card provider. Most providers have a helpline designed specifically for this purpose. Disputed transactions are usually suspended during an investigation and incur no interest. If the transaction was made PayPal you may be eligible for PayPal's Buyer Protection, however with both of these options please note there are time limits attached to the procedure, so it is essential you inform them as soon as possible.
So it appears that the OFT are quite happy with the Paypal buyer protection policies and there is nothing there that says companies can wriggle out of their obligation by quoting deemed delivery.
____________________________________________________
It says in this book I am reading that by 2065 80% of women will be overweight.
See what a trendsetter I am?
