Wgere does my responsability end once an item is posted?

[jetboy2525]

Over the Christmas period I have had a few inidents with customers not receiving their item. Admittingly most were correct, as Australia Post was so inundated with work. However, I want to know how this is that my fault?? But all buyers have been either refunded, had their item/s resent or both.

Buyers are leaving negative feedback due to the delay with Aus Post. I do not think hat this is in anyway fare!!!!!

Also, I had a buyer dispute a transaction through Pay Pal, saying that she had not received her item. Even though I provided proof to Pay Pal that her item & 16 others were posted on a paricular date Pay Pal still found in her favour and refunded her the money?? So she probably has the game & her money back now???

Surel there has to be a point, legally where I am no longer responsible for the item?

As I have FREE domestic postage, most people choose that. Which has no tracking.

As stated in my Terms & Conditions: "Registered Post or Express Post option’s ensures shipment to your door with tracking and upto $150** (**registered post only) value insurance cover - please use this option as we can't be held responsible for items lost, stolen or damaged in the post." 

Seriously, Pay Pal s a joke, do I have to have it to sell through my store on ebay?

[dylan11235813]

for paypel you just need to have proof that is was posted to the address.

You can offer paymate instead of paypal.

It is also against ebay policy to state in your listing : "we can't be held responsible for items lost, stolen or damaged in the post."

[flashback_deals]

I only had one strage incident over christmas

Sent a few items in a Click & Send satchel, buyer received it fine

The ssecond one got returned to me - arrived by Registered Post and the same address 2 days later but was returned to me as a wrong address. So i checked my Sold list and it was sent to the correct address.

Strange how the 2nd one arrived 2 days later and was marked as a wrong address, must have got booted out in those 2 days lol. i have tried contacting the buyer and aint heard back

[***super_nova***]

To win PP case you need proof of posting with on line trackable means.  Just showing receipt that you posted 25 parcels means nothing; they may have been Xmas presents to your family.

Seriously, Pay Pal s a joke, do I have to have it to sell through my store on ebay?

You have to offer PayPal, Paymate or CC merchant facility, and they all will demand the same level of service that PP does. 

[davewil1964]

For Paypal's purposes you are responsible until the buyer receives the item.

Paypal will not entertain any disclaimers to the contrary. Registered (which provides $100 cover, not $150) is YOUR protection; Paypal is the buyer's. If you want to price yourself out of the market, charge registered for everything.

Or, put 10c in a jar every time you post something unregistered and pay any consequent refunds out of that. You will have money left at the end of the year.

How do you post your 'free' postage items? If as parcels, try looking at Click and Send satchels. They provide Paypal acceptable tracking, are cheaper than Parcel Post Plus, and only marginally more than pack yourself parcels.

[wishuponastarcelebrationsandgifts]

Sending via regular mail does not offer protection. As has been stated you need to send the item with tracking or via registered mail to be covered by paypal seller protection. Express post where you have the stamped proof of postage with address details is also acceptable, but not the prepaid satchels (except 5kgs if you have the address details stamped on the tear off section you keep).

Unfortunately a few items do go astray in the mail. I had one item take 16 days to be delivered a half hour drive away....There are also some unfortunate buyers that seem to have almost every item they purchase go missing in the mail, arrive damaged or not as described.

You need to assess for each item given its value what the best method of postage is. I send all items over $50 in value via registered mail, others with tracking and low value items via regular mail. You also need to accept that a small portion of items may go astray, be damaged in transit etc and factor that into how you price your products as you are liable for the item reaching the buyer in its stated condition.

[bsal6160]

Jetboy,

Your responsibility ends once the buyer has the item and is happy with it. Its that simple.

[foxette-in-sox]

Will usually post within 20 business days of receiving cleared payment

?????

[digital*ghost]

Surel there has to be a point, legally where I am no longer responsible for the item?

Legally, the point that you are not responsible is once you have posted an item, but the fact is that's almost irrelevant in the day to day running of an eBay business.

I say that because, and this is largely my personal opinion, there's a difference between legal responsibility and moral responsibility. The law states that by choosing to purchase online and not opt for registered post, the buyer accepts all risks and responsibilities of loss, but in practice, very few buyers are actually prepared to, and because they don't have to via processes available to them with PayPal and credit cards, the majority will hold you responsible despite any T&Cs you have in your listing - you don't really have much of a choice of how people will react and/or who they will hold responsible (this is on a personal level, i.e. when dealing with customers sans PayPal or other involvement, which is where you may have an opportunity to contest a dispute or decision).

You can choose to accept moral responsibility, though. The way I see it, sure, legally the buyer is supposed to know, accept and take the risk, but I enter into every sale being fully aware of the risks as well, and I either have to take them, or minimise them myself, which is both a matter of protecting the items for my customers, and protecting my business from losses I can't afford. 

[tall_bearded]

Legally, irrespective of what payment method the buyer uses you are not required to provide the buyer with a refund if you have proof of postage and the minimum proof that PayPal , with reference to its own policies, will now accept as proof of postage is a dated receipt from Aust Post stating that, contemporaneous to the transaction, you sent something to the suburb in which the buyer resides; but with the indication being that they will now, given a sufficiently hard shove, accept any proof which is accepted as proof of postage by Australian Courts, including a properly constructed postal ledger/register.

As for who selects the carrier, the legal position is very clear.  Once paid for the item belongs to the buyer, and as such, the buyer has the right to dictate not only to carrier to be used but also the method of carriage, and if they fail to do so, then this amounts to an implied instruction by the buyer for the seller to make the decision on their behalf.  Furthermore, if in your listing you have a number of recommended delivery (postal) options, and if the buyer pays for one of those options, the payment itself amounts to an express instruction that it be sent using that service.  

As for what you believe your moral obligations to be, that is for you and you alone to decide.

Personally, I’m of the view that people should hold themselves accountable for the poor decisions they make and I have little time or sympathy for those that don’t.    Therefore, if in my listing I recommended that, due to the added security inherent with receipted delivery they should use registered post, but they decide to use regular post because it is cheaper, and if the item then goes missing, then as far as I’m concerned it really is the buyer problem. 

As for the disclaimers being contrary to eBay listing policy, the policy doesn’t say the disclaimer can’t be included in the listing.  What policy does say is the disclaimer cannot be included in that component of the listing specifically provided for Postage Costs.  That is there is no preclusion in the listing policy which says the disclaimer cannot be included in any other part of the listing.  

Finally, and for completeness sake, should at any time a buyer lodge a claim with PayPal, and PayPal decides that claim in the buyer favour, and should you disagree with that outcome, then you have the right to dispute that decision by lodging a complaint with the Financial Ombudsman Service which is a free service.