Item said Not recieved Ebay/Paypal Charge Back

[queenslander-one]

I have today had a Paypal chargeback for an item said not recieved by Ebay/Paypal. Have advised the FOS as Paypal under Ebay's instruction have removed money from my account when I had Proof of Postage. (Photograph of item correctly addressed and Postmarked by my Postmaster. Waiting to hear the outcome.

Copy of my response to Ebay/Paypals removal of funds below.

Hi I sent the buyer a photo of the item posted at the Post office on the 5th Feb to his Paypal Address (Please see my Ebay emails sent) or can supply again to Ebay.

Also under Australian law item 101 of Australia post rules. 101 Articles carried by post to be taken to be Australia Post’s property.

Quote For the purpose of any legal proceeding or action in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be, while it is being carried by post or under the control of Australia Post, the property of Australia Post.

In Australia, the seller is not legally responsible for delivery, only postage, therefore proof of postage is what is required Also under Paypal rules.

What is proof of shipment? • The date the item was sent; and

•An official acceptance by the shipper, such as a postmark or online status. (Status that shows the item was delivered is also acceptable.) It must also include either: •The recipient’s delivery address, showing at least the state, city and postcode (or international equivalent); or •A receipt from Australia Post showing at least the recipient’s suburb, city or postcode (or international equivalent).

If money is removed by Ebay from my Paypal account over this correctly sent item I WILL be lodging a complaint with the Financial Services Ombudsman. Ebay if it wants to provide an insurance service for so called non delivered items can but not at my expense.

Will see how I fair

[queenslander-one]

CQ is correct Ebay is outside the Australian law on this one and I reminded them of the fact as well as their authorisation of  removal of the amount from my Paypal account without my permission. The FOS was notified at the time as well.

[queenslander-one]

I would also add that the BUYER was Offered Registered Mail at their Expense which they REFUSED. So if they take the Risk it is Their Choice not mine. I provide proof of posting and it is delivered to Australia Post by myself over the counter at the Post Office. Australia Post then owns the article until delivery. Therefore delivery is outside my control. See Australia post Article 101 in previous posting.

[joethenuts]

so let me get this   if you buy an article from me lets say $100 book  and you dont recieve it   ,you would be happy about that and would you contact the seller and the seller would say ,hey i dont own it ,its owned by aus post mmmmmmmmmmm

[joethenuts]

hi  was this a parcel or a letter   it only has  a bit hard ro read $2.10  in stamps on it    ,how can you send a can of beer in a letter

[queenslander-one]

I am sad for lack of attention you have given to details already provided. It was a bar runner Nowhere does it say a can of beer. If it had of been an empty beer can would have had parcel tracking also postage of $7.20.

[joethenuts]

fair enough a bar runner my mistake its just you sell beer cans and i usumed it was a can,

but you havent answered  my question about if i sent you a $100 book   and you did not get it what would you do ,tis has nothing to do with you but i am interested if it ever happened to me looking forward to your reply

[queenslander-one]

If I bought something for $100 I would either if envelope size pay for registered mail or if a parcel it would come with Australia post Free Tracking sticker.

[joethenuts]

oh  so if i dont pay for registered mail  and it does not come well bad luck to me  and everybody whos order comes in an envelope ,

maybe you should put that down on all your orders that come in an envelope ,if you dont get your goods well bad luck  talk to aus post as the own the goods.

and at the end the buyer got his money back because he did not get his order  why

[queenslander-one]

Last correspondence with you over this matter as You do not read what is written I said.

I would pay for item sent Registered mail.

[joethenuts]

its very simple envelopes are for letters if a person does not get the envelope they can send another one for as little as 70 cents, but if you are going to send goods thru a system that does not have tracking then you are going to get red dots galore ,buyers dont want excuses like its the posts fault or aus post now owns your article ,they the buyers have purchased something from you and its up to you to send it and if it does not get there you should follow it up ,sending articles in a letter you cannot guarentee it will get there   aus post looses that many letters a year now maybe you will learn that its better to put it in a parcel and at least with tracking you will know it got there ,

my 2 bobs worth