Why is the Onus of signature on delivery proof on seller?

I sold and posted a $2000 laptop with Signature on Delivery option with Australia Post. Tracking shows status as "Delivered". Buyer claims INR and ebay has ruled against me and asked me to refund. Enquiry with Australia post says the item was "lost in transit" but they cant change the status.

 

Why is it my responsibility as I have handed over to the carrier and under Good Act in Victoria I have completed the sell. How can I prove or indeed why should I have to prove that signature was checked by Australia post. Any refund to buyer under ebay money back guarantee policy should be borne by ebay. 

 

What can I do against this finding against me? Can I complain to ACCC?

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Why is the Onus of signature on delivery proof on seller?

This is the exact line from ebay customer service:

 

"Please reply to this email with proof that the buyer signed for the package. If you can't provide proof of signature confirmation, it's important that you refund the buyer immediately."

 

How can anyone sending through Australia post proof signature confirmation?

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Why is the Onus of signature on delivery proof on seller?

imastawka
Honored Contributor

I would get on to a supervisor and ask why ebay is not following it's own policy -

 

Seller – When should I purchase signature confirmation in order to be protected against an 'item not received' case or a payment dispute?

If the order has a total cost (including postage costs and any applicable taxes) of $750 or more, you're required to purchase signature confirmation to be protected if a buyer reports an item not received or opens a payment dispute

 

Signature confirmation policy | eBay

 

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Why is the Onus of signature on delivery proof on seller?

I have now appealed the ruling, with these justification. But my question is to the seller community in general.

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Why is the Onus of signature on delivery proof on seller?

Just saw the message that my appeal was denied and the original outcome stands. I am stumped. Of to call ACCC tomorrow.

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Why is the Onus of signature on delivery proof on seller?

You may need to tell the buyer that unless you are forwarded payment now that the item shows delivery, you will be pursuing avenues of redress as they cannot keep the item and the money. These could include engaging a debt collector or using small claims court.

 

@countess had a really good template to use for someone who was in a similar situation recently. I'll see if I can find the link.

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Why is the Onus of signature on delivery proof on seller?

ACCC won't do anything. That would have to be one of the biggest threat in these forums. You need to do what imastawka said.

 

Plus, if the tracking says delivered, then that should be the end of it. That should be ruled in your favour. Ebay state that the tracking needs to say delivered for a seller to win a dispute. I've had it happen. Don't waste your time with the ACCC. Get back onto ebay, ask to speak to a supervisor, quote what imastawka said, and also give them the tracking number that says the item has been delivered. If that doesn't work, come back and let us know.

 

Edited to add because Jelly posted a reply the same time as me. I had a buyer saying they didn't receive their item, despite tracking saying it had been delivered. She lived in a very remote area and all mail was collected from the tiny post office. I pointed out that the tracking said the item was delivered, so she needed to take it up with the PO. She closed the dispute and left negative feedback. Ebay removed the feedback at my request because tracking showed it was delivered to her PO.

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Why is the Onus of signature on delivery proof on seller?

Why is the Onus of signature on delivery proof on seller?

How can ANYONE insist on Signature on Delivery when during Covid, Australia Post delivery drivers are signing for delivery instead of the buyer! 

 

AP are SUPPOSED to confirm the buyer is at the address before the parcel is handed over (they ask for name on parcel etc) - but I can tell you I've had three sig on delivery parcels safe dropped in the last couple of weeks, despite AP sending me an email that Safe Drop is not available!  {For me it's been a Godsend when buying from Spotlight as they insist on Signed for.....which is a huge joke at the moment as AP sign for it and leave it.  In fact I'm taking advantage of Covid by buying stuff from them while AP have this procedure. LOL)

 

However.....re seller responsibility, I have had instances where I've tried to track a missing purchase and I've been told as I hadn't received it yet it was up to the seller to chase it up.  Since AP says it was lost in transit technically the item is still yours.  I would be very curious to know if when the parcel was supposedly 'Delivered' a photo was taken of that delivery.

 

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Why is the Onus of signature on delivery proof on seller?

A $2,000 loss, that's rough.  

 

Sounds very strange.  The Auspost tracking shows delivered, signature confirmation is not available and the enquiry has a status that the item is lost in transit.  Seems probably to me that the customer indeed has not received the item and is justifiably seeking a refund.  I don't see the buyer doing anything wrong here.

 

If Auspost deem the item lost, they'll refund you $100 plus the postage cost.  That's it, you will not receive the full value back from Auspost.  I recently had an inbound item lost by Auspost and I received $115 in compensation.  (Item was valued at $2,300)  I've begun insuring more valuable inbound shipments.

 

Your best bet is the item turns up, but it needs to happen fast otherwise you'll be forced to refund the money and then rely on the good will of the customer to return the item or refund.

 

Best of luck.  Horrible situation.  Makes me glad I sell lower value items

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