Parcel status still shows 'In Transit' after close to a month

[thegaminggamer]

and because of that, buyer has open an item not received case. Using the tracking number, it shows 2 entries: "Received by Australia Post" and "Processed through Australia Post facility". So my parcel has reached the buyer's state. The buyer paid by PayPal and it is to a PO Box address. The "Australia Post facility" suburb is reasonably close to the PO Box suburb.

What's the correct way to proceed?

[saarzi]

It will show delievered when it gets to his local Post Office - it hasnt reached there, or it has, and they havent scanned it.

Have you contacted the buyer and checked with them if they have gone to their post office and asked if its there?   With my buyers, half the time, the post office doesnt put a pick up notice in their inbox if the parcel is too big to fit.. that includes PO boxes. The buyer sits there wondering where the parcel is and its been sitting at their post office the whole time.

If he has, and its not there, open an investigation with Australia Post - you have the tracking number.  Because its so close to where its supposed to be, I bet they find it. Let the buyer know what youre doing and assure them youre onto it. If Aus post says its lost, then the buyer needs a refund (you are responsibile for it, even in the post).  If Aus post shows delivery, the buyer doesnt get a refund, and you will have to stick to your guns and probably show proof to Ebay/ Paypal.

[saarzi]

Edit: if its lost, the buyer needs a refund... you claim the amount back from Aus post - so you wont be out of pocket.

[clarry100]

Seems you have proof of lodgement because a scan event says received by Australia Post. So you should win the INR case no worried. That means the buyer will not get a refund. Now if they really have not received their item it's then up to you if/not you refund them. If you put a claim in with Australia Post they are only likely to refund the actual cost of postage not the value of the goods unless you purchased insurance.
The rules under Australian Consumer Law are that the buyer is deemed to have received their item when the seller lodges it with a carrier. It's all in the Sale of Goods Act.
So you ad the seller have protection from what I see here.

[thegaminggamer]

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@clarry100 wrote:
Seems you have proof of lodgement because a scan event says received by Australia Post. So you should win the INR case no worried. That means the buyer will not get a refund. Now if they really have not received their item it's then up to you if/not you refund them. If you put a claim in with Australia Post they are only likely to refund the actual cost of postage not the value of the goods unless you purchased insurance.
The rules under Australian Consumer Law are that the buyer is deemed to have received their item when the seller lodges it with a carrier. It's all in the Sale of Goods Act.
So you ad the seller have protection from what I see here.

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@gtx305 wrote:

Edit: if its lost, the buyer needs a refund... you claim the amount back from Aus post - so you wont be out of pocket.

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Sorry but these two statements seem to contradict each other. clarry100 says since I have proof of lodgement, then I win the INR case regardless of whether the item is lost or delivered. But gtx305 says that if the item is delivered, then I win, but if the item is lost, then I lose the INR case.

Another contradiction is that gtx305 says that if the item is lost, I can claim the full amount from Australia Post (item price + postage?) but clarry100 says that I can only get back the postage price.

I haven't uploaded the tracking number to the eBay Item Not Received Case yet. Would it hurt me if I did? Is there any disadvantage of doing so?

[jensmanchester-australia]

If the buyer has opened a case through ebay they require proof of delivery.

If the the case has been opened through Paypal proof of postage is required.

If it is still showing in transit after nearly a month there is every chance it has got lost in the Australia Post system.

These days Australia Post usually only pay out for the postage cost if a parcel is lost unless insurance has been taken out with Australia Post.

If you upload the tracking information into ebay and the case was opened on ebay they will rule in favour of the buyer as the parcel is not showing as delivered.

You can lodge an investigation with Australia Post but they can take some time to do an investigation.

If you were the buyer and you hadn't received your parcel by this stage you would be more than unhappy and would most likely expect to receive a refund or a replacement.

[clarry100]

Under the Sale of Goods Act in Australian Consumer Law the item is deemed to have been delivered to the buyer when the item is lodged with the carrier. If you have proof of lodgement the seller cannot lose the case under the law regardless of the words used by EBay. If you do then you have a clear case with the ACCC or FOS to have the decision overturned. They simply cannot fly in the face of the law of the land.

[clarry100]

Jens... ebay cannot by law find in favour of the buyer if proof of lodgement can be shown by the seller. See below.

If they do then it will be overturned by the ACCC upon lodgement of a complaint, or the FOS if its done by PayPal.

Here is a quote (direct copy/paste) from the QLD SOGA...
Each state has its own SOGA but in this regard they are all the same in Australia. The relevant section may not be the same in all cases.

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SALE OF GOODS ACT 1896 - SECT 34

34 Delivery to carrier

(1) When, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.

[jensmanchester-australia]

clarry - yes I am aware of that but at the end of the day ebay will rule in favour of the buyer and and then if the seller so chooses they can appeal the case.

Having a tracking number also does not necessarily prove proof of lodgement. Further documentation may be required to prove that the tracking number is for the item in question and that the parcel has been sent to the correct delivery address.

[clarry100]

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@jensmanchester-australia wrote:

Having a tracking number also does not necessarily prove proof of lodgement. Further documentation may be required to prove that the tracking number is for the item in question and that the parcel has been sent to the correct delivery address.

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Jen...

This why when I send a parcel I always use Click & Send and lodge over the counter and get the lodgement receipt from the PO.

When you create the C&S label the paypal delivery address is recorded against the tracking number. And when you get the lodgement receipt from the PO that receipt shows the tracking number as generated by C&S when they scan the label. So you are 100% covered no matter what ebay or paypal might rule. In such cases you (the seller) will win an appeal because its the law. But you should not have to got thru this at all really.

Us sellers should stand up to these boffins and show them (especially ebay) that their money back guarantee system is totally flawed.

They basically say to the buyer "get what you pay for or get your money back".

If we sellers always make sure we have proof of lodgement (as per the SOGA) then it will always be ebay who stump up the funds to refund the buyer. Not the seller as they are trying to enforce. They have no legal right to do this.

If this happens enough times they will eventually repeal this flawed system as it will be costing them money.

So sellers, if you have proof of lodgement (this is the real crux of the matter) and they find a INR case against you and deduct the money from your funds then please appeal the decision. Go to the ACCC or the FOS with your evidence if you have to. But just make sure that you do not lose your money. You have a legal right to it.

The buyer will get their refund under ebay's own MBG rules so they will not be out of pocket. So you don't have to feel sorry for them paying up and receiving nothing. Then they can use their refund to buy the item again from you and hopefully it will not get lost on the 2nd try.