Warning Be very careful when selling on EBAY.

[rubyrose1111]

I recently sold an item on EBAY for $585 to a buyer in MEXICO. I posted the item with Australia Post tracking and insurance for $300. As soon as the ebay estimated time of delivery elapsed about 10 days letter the buyer put in a claim for item not recieved - shortly after that he recieved a refund from Ebay for the full amount.

This was even though the item was still being tracked on the Australian post and then the Mexican post web-sites. I contacted Australia Post who could not believe that the buyer had been refunded considering it was still in transit. I obtained a reference number from Australia post who told me to be patient as Mexico post was known to be very slow. I informed ebay of what was going on and received a very poor repsonse. They keep saying that this is their policy - items must be delivered within the time frame estimated. What more could be done the item was tracked and stuck in Mexico customs etc. (Unbelievable). In the meantime Ebay have billed me for the $585 ???

As things went on (YES) the item was delivered to the buyer and tracked as so. I again get in touch with ebay and I am told via messages that the item was considered 'lost in transit'????. How can this be so as I have proof from Australia Post that they and Mexico Post never considered the item as 'lost'. Both postal websites never stated that the item was lost. The other reason given that ebay had made a prior decison in the buyers favour that now cannot be overturned. Are you kidding. So the buyer gets the item and the refund?? 

We all live in Australia and have a basic understanding of both Civil and Criminal law. Civilly, how can I be held liable and penalised $585 dollars when I have fullfiled my contract obligations: ie: posted the goods with tracking and buyer recieves the goods ( it is a no-brainer). Ebay refunded the buyer not me under thier policy. The fact that the item was late in delivery was out of my control. Any Court would see in my favour.

My question is why do Ebay act in this manner???. They must know that as a minimum it is unethical and not legally sound and possibly assisting fraudulant behaviour. So it is thier POLICY but we have laws in this country on how people should trade and act in the business world. 

Just one other thing. Ebay suggested that I message the buyer and persue hime for the money. Yer right!!!

Totally astounded !!

[kopenhagen5]

If it is still stuck in customs perhaps a call to customs in Mexico and ask for the package to be returned to sender.

Worth a try if it's only a call or two.

[*sparklz*]

Hi K5

I think it was delivered as OP stated As things went on (YES) the item was delivered to the buyer and tracked as so.

So the buyer now has the item and a refund.

Call ebay again and ask to speak to a supervisor and get them to look at the tracking to show it has been delivered and the buy was refunded and has the item and the delivery estimates are just that ESTIMATES and you want your money back.

If you are going to post over seas do the longest possible handling time in the hope it will make the delivery estimates longer allowing time for it to arrive.

[rubyrose1111]

Thanks. Ebay have checked status of tracking and know it is delivered. Very bad business practice and quite unlawful. Ebay should not give such tight time frsames for delivery and certainly not penalise the seller for matters out of the control. Properly illegal to do so under Australian law. 

[rubyrose1111]

Thansk. No item confirmed as delivered - Ebay are aware of this fact

[rubyrose1111]

Thanks nice reply, I will not be selling on ebay anymore. Really you should not have to escalate matter to supervisor/ I have spoken to one aleady in any case. How many people would just walk a way an cope . Not right or legally sound

[rubyrose1111]

Ebay Policy sounds like the old Pizza Hut sales pitch. If your pizza is not delivered in 30 minutes you get a another free pizza. Problem with this pitch was that not everbody's watch held the same time. 

Really - how a multi - national business such as ebay be allowed to operate this way.Very likely a breach of Australian Business Law. No doubt a breach of both civil and common law provisions.

cheers

[bof2814-0]

Have you tried pay pal assuming payment was made through them

[rubyrose1111]

HI AND THANKS.

Tried them. They informed me that it was an EBAY decison via thier BUYER MONEY BACK GUARANTEE. Nothing they can do. This falls directly into ebay's policy of refunded the buyer if they do not receive the item within the ESTIMATED postage time frame. Hard to believe but TRUE!. No worries I cannot have been the only one to have had this happen to them as because ebay have an monopoly on the online selling market - they think they can make thier own rules ( even if it appears to outside the law). 

regards

[bof2814-0]

Hi as I see it you have nothing more to lose, I would ring pay pal tell them they have refunded your money on an item you can prove was delivered and if they do not give your money back you will report them to the financial services ombudsman. If they refuse report them you have nothing to lose. Goodluck