Delayed delivery, apparently not sellers fault!

After reading about the PayPal 180 day return policy in the UK and US, I thought I'd check on the ACCC website for Australian laws regarding returns.

 

I found a booklet called 'Consumer Guarantees: A guide for consumers'.

 

Now, I have always believed, as a seller, I was responsible if an item is lost in the mail or delayed, but according to this booklet I'm not responsible.

 

Below is taken from page 17 of the booklet

 

You are not entitled to claim against a seller where the failure to meet a consumer guarantee is due to:

 

  • something someone else said or did, unless it was their agent or employee

 

  • an event that was beyond the sellers control (for example bad weather or delays in delivery)

 

Does this mean it's okay for sellers to claim, in their listings, that  "they are not responsible for items lost or delayed by Australia Post" ?

 

Would appreciate other sellers thoughts on this.

 

Clare

 

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Delayed delivery, apparently not sellers fault!

Gee I've been bored tonight and the "User Agreement" makes for really interesting reading in light of so many of the recent posts relating to what Sellers are experiencing at the hands of eBay.

 

Makes one think the ol' eBay Staff need a LOT of education as it appears, in a lot of cases, they are taking actions that are well outside the terms of the users Contract (User Agreement).

 

Some snippets:

 

Your User Agreement – The most important eBay policy. All members are responsible for reviewing and understanding eBay’s policies and all applicable laws and regulations contained in this legal contract.

You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eBay – are responsible for enforcing any rights that you may have.

eBay’s policies are intended to:

  • Support government laws and regulations

  • Minimize risks to both buyers and sellers

  • Provide equal opportunity to all buyers and sellers

 

You alone, and not eBay, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

I particularly like the last one!  A lot of what I read here tells me the eBar staff are heavily involved in and attempting to exert massive control over them.

 

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Delayed delivery, apparently not sellers fault!

I do intend to respond to this - got a lot of thoughts about the 'agreement'.  Just I've been without the internet all day, and need some time to get those thoughts down properly.

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