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@thecatspjs wrote:

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@phorum_junkie* wrote:

Sorry but the ebay policy is very clear, no proof of delivery, no seller protection. You chose to take the rsk of sending by a method that does not have a high enough proof of sending and delivery so you automatically lose. Only you can control what shipping service is used so if you offer an unsafe delivery method and the buyer chooses that because it is cheaper you leave yourself open to a dispute which you cannot win.

 

It s not fraud or extortion, it is ebay policy which you agreed to when you opened your account.

 

 

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I am not sure why you continue to quite vocally support shonky business practices that are not supported by Australian law.

 

Please stop advising others that they just because they have an account they have some how signed away their rights under Australian law.  They have not. 

 

 

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I am not sure why you continue to parade only part of the regulations, that is

Delivery to carrier

(1) If, under the contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether known 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.

the above part (1) without also quoting the rest of the parts, particularly in this case part (4) which applies directly to the OP and shows that the consumer law entirely in agrees with the ebay that the seller is liable.

(2) Unless otherwise authorised by the buyer, the seller must make a contract with the carrier on behalf of the buyer that is reasonable, having regard to the nature of the goods and the other circumstances of the case.

(3) If the seller omits to do so and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or herself or may hold the seller responsible in damages.

(4) Unless otherwise agreed, if goods are sent by the seller to the buyer by a route involving sea transit, the seller must give notice to the buyer that will enable the buyer to insure the goods during their sea transit and, if the seller fails to do so, the goods shall be deemed to be at the seller’s risk during the sea transit.

What exactly have you quoted ?

No source ....

Edit not withstanding you undermine your own postion .... bahahahaha

"delivery of the goods to a carrier, whether known 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."

The buyer paid for post according to invoice and cost issued to them. 

BTW glad to see you are clutching at legislative straws instead of continuing to advise others as you clearly did earlier in the thread that if you have an account with eBay you give up your rights.....pull the other one its got bells ...

The OP did not give up his right to send the item by sea mail....but he did give up his right to seller protection by doing so.

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@thecatspjs wrote:

What exactly have you quoted ?

 

No source ....

 

 

Edit not withstanding you undermine your own postion .... bahahahaha

 

"delivery of the goods to a carrier, whether known 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."

 

The buyer paid for post according to invoice and cost issued to them. 

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PJ's quote is section 35 of the NSW Sale of of goods Act.

Thanks Jen.

I am familar with the Victorian Act but not other States, though I have a broad understanding that there is some level of consistency but it is not a given.

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@lyndal1838 wrote:

The OP did not give up his right to send the item by sea mail....but he did give up his right to seller protection by doing so.

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What "seller protection" are you referring to Lyndal ?  That rights that a sender has under the Act ?  

It is unclear as to exactly what transpired between the seller and buyer regarding type of carriage. 

By paying the buyer agreed to whatever postage terms the seller sent through on his invoice, price, service and time frame for delivery.

The rights that the seller has to ebay or paypal seller protection.  Surface mail is not a recognised delivery method as it is too slow.