international customs charges - who is responsible for them? Buyer, or seller?

[yourtrashiscash]

I recently sold a MacBook Air to an eBay user in Belgium (I am in Australia).

After selling the item, I contacted the buyer, to try to help them avoid customs charges.

So, not knowing local Belgium customs regulations, I suggested I send as a gift, but asked what value to put on the postage slip.

But, so that I also maintained my side of the auction, where i state handling will be within 3 days, I asked them to reply within 24 hours.

No reply was received in this time, so I sent the item, marked as a gift, in a gift type box (so no markings of the original apple box), with insurance marked as value $1800 (which is what they paid for the item).

The next day the buyer emailed to ask me to mark the item as a gift (which I had done), but to leave the value empty. 

Here in Australia you cannot do this for international parcels. So, I feel the value I put was correct, in case it was lost or damaged.

A week later the buyer, having made no further cobtact with me, filed a claim, via paypal, for non-delivery. I provided evidence to paypal that I had sent it (the tracking number), which was then pending the buyers response. This tracking number had also been entered on the item in eBay, the day I sent it.

2 days later I received an eBay message from the buyer, telling me he was going to the post office to collect the item, but was being charged over 300 euro's as a customs fee, quoted the last 2 messages we had sent each other, and stated that he would not pay the customs fee, and was therefore sending the MacBook Air back to me!

As far as I am aware, it is the buyers full responsibility to pay any customs charges, and not the seller.

I am fearful that the buyer will leave negative feedback (I pride myself on 660 100% positive feedbacks) and also try to get their money back, which has been transferred out of my paypal account already (as you earn no interest with them), which means any further sales I make that are paid into my account would go towards paying a negative balance, as paypal automatically freezes the sale amount, when a dispute is made.

I have messaged the buyer back, advising them of what I understand the facts to be, and offering to try and resolve any issues they have, but that ultimately I did all I could to minimise any customs charge. They have not yet replied.

Can anyone advise me on the correct protocol for this and how to possibly avoid any dispute being made or furthered? Also, am I right in stating that customs fees are the responsibility of the buyer?

Thanks

yourtrashiscash

[colic2bullsgirlore]

There's the bit I was looking for... on the link under more information, copy and paste below

http://pages.ebay.com.au/help/policies/international-trading.html

Additional information for sellers

Items must comply with export laws:

Make sure that the item you’re selling can be lawfully sent outside of the country where you live. The export of certain items may require special licenses, or may be banned altogether. To ensure that the items you want to sell are not covered by these regulations, Australian sellers should begin by reviewing:

• Import/Export basics

• Exporting from Australia

• Things to look for

Items must comply with import laws:

When selling an item, make sure you can lawfully send the item to the buyer's country before you post it. Each country has different laws that limit the types of goods that can be imported into their country. For example, the buyer's country might have restrictions on foods, plants, clothing, luggage, or even books that might result in the seizure and destruction of your item and that means you'll have one unhappy customer. . We recommend that you discuss possible import problems with the buyer and do your own research to avoid a problem.

Reasons to check applicable laws before you export goods:

• Goods may be intercepted by Customs officials. There may also be fines or other liabilities associated with goods impounded or seized by Customs officials

• You may be sued or prosecuted. For example, liability may exist in relation to trademarks, copyrights, or other intellectual property rights (such as, if a European trademark owner were to attempt to assert rights in connection with the importation into Europe of legitimately manufactured goods that were intended for another market).

Visit the World Customs Organization for more information about customs regulations around the world. You may also want to contact a specific country's embassy for guidance.

High value and volume transactions:

If you plan to do substantial business with customers in other countries or if you're dealing in higher dollar or highly regulated items, you should do careful research and hire an expert if necessary, to make sure that your transaction complies with all applicable laws. There is often paperwork that you must fill out in completing these transactions. The Australian Government has a number of resources to promote international trade and to help businesses of all sizes familiarise themselves with export regulations and certain postage companies may offer special services to businesses who regularly post goods overseas.

• Visit the Australian Customs Service Import/Export advice.

Additional information for buyers

Items under AUD $1000:

As a general rule, if you purchase items on eBay valued at under AUD $1000 you shouldn't have any trouble importing them. While some items are generally prohibited from import (like narcotics, or child pornography) or restricted (like alcohol, tobacco, firearms), these items are usually banned on eBay anyway. There are a few exceptions, such as plants, food, automobiles, and certain cultural items, where an item might require licenses or special permits.

• You can find out more information about importing items to Australia from the Australian Customs website. You can also contact the Customs Information and Support Centre on 1300 363 263 (from inside Australia) or +61 2 6275 6666 (from outside Australia)

• You can find out more information about quarantined items from the Australian Department of Agriculture website.

Items for commercial use:

If you import commercial goods or samples into Australia, you may require a permit. Commercial goods (goods intended for resale) may have special entry requirements, and it’s up to you to educate yourself on the laws to ensure you’re in compliance. Find out more from the Australian Customs website.

[colic2bullsgirlore]

as an example (although more than a little unlikely) your Mac Airbook and all Mac products have special

provisions when reselling especially internationally even if it is a second hand item.

You must make sure that the Apple product will not be used for the design, development, production or use of nuclear, missiles, and chemical and biological weapons and technology without proper authorization from the U.S. Government unless you sell it to somebody an a country on the excepted list

https://www.apple.com/legal/more-resources/gtc.html

ENHANCED PROLIFERATION CONTROL INITIATIVE (EPCI)

It is prohibited to allow certain countries to use Apple products in the design, development, production or use of nuclear, missiles, and chemical and biological weapons and technology without proper authorization from the U.S. Government.

This applies to all countries,

EXCEPT Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy (includes San Marino and Holy See), Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Turkey, and United Kingdom.

[colic2bullsgirlore]

as another example of the hidden pitfalls of importing/exporting/advertising (dropshipping) products for others to import

.... just imagine an aussie ebay seller was advertising Tiger Balm for sale to ebay buyers in Australia but was actually

dropshipping it from say THAILAND

It breaches australian copyright

an objection notice has been lodged since 2006

http://www.customs.gov.au/webdata/resources/notices/ACN0649.pdf

The Trade Marks Act 1995 allows the registered owner, or in certain circumstances, the authorised user of a trade
mark to object to the importation of goods which infringe their trade mark.

page 18

Haw Par Corporation Limited
Sprusons & Ferguson Lawyers
Ph: (02) 9207 0888
Effective Date: 26 June 2006
File Ref: C06/10865
Trade Marks

TIGER BALM 5 Medicinal and medicated preparations for human use.

So in that case the seller and the buyer are both leaving themselves open to legal action unless the importer has the express consent of the Haw Par corporation

[indistarr.cat-1]

I just had a complaint from a buyer in Wales. Despite having the tracking number, she has continually hassled me about how long it was taking (knowing it was coming from Au & extra time for Covid). The item finally arrived at customs & she is now refusing to pay the import fees. I used eBay postage labels. I know when I buy that I’ll pay import taxes AND GST; that’s just the law. She messaged me with a photograph of the letter from Welsh customs (she paid A$235 for the item) & import fees are £50. She’s put in an ‘item not received’ claim (with honest WHY) to eBay, then messaged, insulting me & saying I was disgusting because she has cancer & I was taking advantage of her! (Irrelevant, but I’m disabled, survived cancer & I had already told her my father was in hospital with it). 
If she gets a refund, I swear, I’ll scream!

No wonder nobody sells on eBay anymore! 
I had to refund a guy in France a year ago, who claimed he didn’t receive it… AFTER POSTING PHOTOS OF IT RECEIVED & A TOP REVIEW. It’s now for sale on his store… at a higher price.

No protection for sellers. 😐

[padi*0409]

You would be much better off starting your own thread on this, countries import policies can change a lot from when this thread was started 8 YEARS AGO. I don't have any answers for you - were you even asking a question ?

A moderator will hopefully lock the thread now.

[countessalmirena]

@indistarr.cat-1,

as padi has pointed out, this thread is so old that it's ready to decay in its grave.

Start a new thread by clicking onto the blue "Start a conversation" button, or just use this link.

I'll just quickly say that any customs fees are as a rule the responsbility of the buyer.