eBay in breach of the Sale of Goods Act

[amax-1]

How is eBay getting away with extinguishing a seller's right of protection under the Sale of Goods Act with their Money Back Guarentee Policy?

I am embroiled in a dispute about an item I sold where the tracking didn't update to delivered and the buyer claimed not have received the item. Despite Australia Post claiming from result of investigation that the item was delivered with the scanning subject to an electronics error, eBay provided the buyer with a refund and debited my account to reimburse them?

Section 21 of eBay's User Agreement states "all aspects of the agreement are governed by NSW law" The NSW Sale of Goods Act in Section 35 states delivery to a carrier is deemed delivery to the buyer, that is there is no NSW law supporting the Money Back Guarantee Policy requiring proof of delivery to the buyer which is essentially USA consumer law not applicable in Australia.

Furthermore, PayPal mirrors the Sale of Goods Act where a seller providing proof of postage is protected from INR claims, so what's eBay up to making policy in contradiction to the laws Section 21 of their User Agreement states is governed by?  

[hikeit_worldwide]

I recently sold an item in UK, my stock is also in UK. My primary return address is Australia since most of my business is done in Australia. I also had my UK return address however not as a primary return address. The buyer was unable to assemble an office chair so opened a case without contacting me first. Then escalated it. Ebay gave them the money and told them to keep the product as my primary return address was Australia and they are in UK. Now they are just saying bad luck. Very unfair. 

[davewil1964]

Them's the rules. Might pay to read them.

And I doubt the AUSTRALIAN SOGA applies to purchase of UK items to the UK would apply.

Maybe you should consider revising your listings to correctly reflect your goods' location and the appropriate return address.