Item not deliverd allegation, eBay Refunded,

[chocolatetreat]

What does the Community think about this, I sold an item to a buyer in Italy, within two weeks of posting with tracking and signature delivery a Refund request was received for not being delivered, Tracking showed the item still in the mail, I advised both the customer and eBay that it takes longer than two weeks to get to Italy, The customer is having none of that and continues with his request and eBay refunds the customer whilst the item is in Customs, I appeal and I am upheld but within 24 hours that is reversed and the money is gone again. cut a long story short I now have signed proof of delivery from Italy Post but I can not get eBay to look at the case as they say it is too old and already been denied, are they all brain dead? Customer gets the money back and the goods and there is nothing I can do, I'm out  $1200.00aud.

[davewil1964]

Why QCAT?

eBay specifically state they are subject to NSW law.

[e_purchasing]

That is totally incorrect, under Australian law, the sale occurred in QLD , the contract of sale occurred in QLD, where the parcel went is irrelevant to jurisdiction. Furthermore, eBay Australia is the intermediary in this line contract where they act like an escrow service and hold the buyers fund and do not release to you until the time there is proof of delivery. Again, under law, delivery occurs at the post office it was lodged at https://www.legislation.qld.gov.au/view/html/inforce/current/act-1896-006#sec.34 . QCAT will hear the matter and make a determination

[e_purchasing]

QCAT because seller is in QLD and they hear matters relating to The Australian Competition and Consumer Act (which all states adopt incl NSW (so it is a NSW law anyway)), Furthermore state ACTs mirror each other ie each state has their "goods act" which essentially only differs in title ie (QLD) Sale of Goods Act 1896 , (NSW) Sale of Goods Act 1923, (VIC) Goods Act 1958

Nobody, not even eBay ,can limit someones rights and put jurisdictional restrictions to prevent them from exercising those rights.

[gutterpunkz05]

If the buyer purchased the item on ebay.it,   then that is where the transaction occurred.  The seller had the item listed for international sale, which includes all international ebay sites that the seller has not excluded.

If the seller only had the item listed on ebay.au ( not the case) then the buyer would have to access and purchase the item via ebay.au, and the jurisdiction would fall to Australia.   (again not relevant in this instance)

[davewil1964]

Go for it.

eBay, as padi has copied from eBay's T&Cs, explicitly state that you are wrong.

They also undoubtedly have deeper pockets than you

[lezned-toycollector]

Please explain to us all, why exactly you are of the opinion that after agreeing to the User Agreement, it doesn't apply to you.