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?

[*crikey*mate*]

Yes, I agree, that it is true - I'm just a student LOL, I've just reread the Qld SoGA, and it seems to reinforce the principles of the Common Law anyway. It looks like the Act was made to clarify and correlate what the Common Law actually says...

As for the Postal Rule - I was thinking along the lines of Offer and Acceptance = ie - when the contract was actually formed, trying to determine at which point the buyer actually becomes the owner of the goods.

[viewmont1071]

As for the Postal Rule - I was thinking along the lines of Offer and Acceptance = ie - when the contract was actually formed, trying to determine at which point the buyer actually becomes the owner of the goods.

As soon as the buyer pays regardless of where the goods actually are. The buyer also "owns" the freight component and the seller becomes their agent.

When postal costs are included in the retail price of the item (ebay call this "free post") then the seller should probably be more specific in their terms and conditions so that the ownership at a specific time, the acceptance of the mode of freight and transfer of ownership is clearcut.

If you post an item to anybody (friend or aquaintance) without a contract, verbal or written (as a gift or whatever) then no ownership exchange takes place and the sender "owns" the item and the freight. I believe this is the premise that AP often operates under when giving the "sender owns the mail advice" (ie that the mail is private and not a contracted business transaction)

[phorum_junkie*]

That is, you are saying the legislation confers a right to recover up until such time as the buyer receives the item, yet he PayPal agreement says no recovery right exists if postage is proved.

Paypal say the seller will not have to cover the cost of a refund if they can prove the item was sent.

Paypal say that the buyer does not have an automatic right to a refund if the seller can prove they have sent it however if the buyer can provide further evidence that the item has not been received then they will get a refund but it will be paid by Paypal, not the seller.

[tall_bearded]

Sorry but where does it say that PayPal will pay.

The best I’ve been able to find is, if no recovery right exists, they (PayPal) may, at their absolute discretion, make a discretionary payment.

I think this falls far short of if the buyer can provide further evidence that the item has not been received then they will get a refund

On another note, since as I’ve provided you with a copy of the relevant legislation, have you been able to find that part of the legislation which you say states ““that the sender is responsible until the parcel is received by the buyer”