eBay store - Buyer Beware!

countessalmirena · ‎02-04-2019

@hecate_2007,

The seller's responsibility (according to eBay policy) ends with the proof of delivery to your address. After a failed delivery, it seems that the courier delivered to a pop-up that was within a reasonable distance for you to collect. (4 km is very reasonable.)

To the best of my knowledge, eBay will deem delivery to a PO or similar, where the parcel is ready for collection by the buyer, to be delivery to the buyer.

(Just be aware that the seller's responsibility according to Australian legislation ends with proof of postage rather than proof of delivery.) Quoting from Sale of Goods Act:

Spoiler

❝Risk prima facie passes with property

Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk, whether delivery has been made or not: [...]

Delivery to carrier

Where in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.❞

- Sale of Goods Act 1923 (NSW - current)

❝Risk prima facie passes with propertyUnless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk, whether delivery has been made or not: [...] Delivery to carrierWhere in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, is prima facie deemed to be a delivery of the goods to the buyer.❞- Sale of Goods Act 1923 (NSW - current)

You obviously received the card notifying you that you had a missed delivery, and that the parcel could be collected from the pop-up shop.

Once aware that the parcel had been delivered to that address, your responsibility was to collect the item. It can be awkward getting around with a broken toe, but 4 km is so close that you could reasonably ask for a lift from a family member, friend or neighbour, go in on crutches to collect the parcel, re-enter the car giving you lift, and be brought back - with the exercise taking no more than 15 minutes.

You could also have asked family member/friend/neighbour to pick up on your behalf.

It is certainly not the seller's responsibility to do anything once the item was despatched with the correct delivery address on the label.

You knew that the pop-up shop would not have the parcel "redirected" - you rang them to ask and they told you that it wasn't possible. You could have asked them to rePOST the item, with postage cost being your responsibility, and they would probably have obliged you.

Now that the item's been sent back to the seller, you would have the right to a refund less the non-recoverable costs incurred by the seller. That would include the seller's eBay fees, postage cost, handling cost, PayPal fees.

Have you asked for a refund less those costs? If you contacted the seller with the attitude of blaming the seller for doing "absolutely nothing to fix the problem", you've probably made the seller disinclined to assist; nevertheless, if you message the seller politely, or phone the seller politely, or send a polite letter) asking to be refunded less those costs, I would be surprised if the seller did not issue that refund.

If the seller is a business, you can ask your local Consumer Affairs/Fair trading to contact the seller on your behalf.