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@springyzone wrote:

I think the buyer is just finding a way to get back at you-sounds like a lot of anger there. Not sure you can win except you probably could get the feedback removed, as others mentioned.

 

Off the track a little but as a buyer, if i read your shipping conditions it would put my back up to tell the truth.

This stuff about how you will accept no responsibility if items aren't insured-I am not sure how well that would stand up.

If I didn't get my item, or if my item was damaged in the post, I'd still be putting in a claim.

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I agree with this.

Those kinda words in your terms and conditions serve no real positive purpose.

If an item does not arrive or it arrives damaged in transit then the buyer has a perfect right to open a claim for Item Not Received (INR) or Item Not As Described (INAD). Regardless of any words like this in your terms and conditions you will still be forced to refund or replace by any ebay or paypal formal claim.

You can say that you do not accept returns. However, this condition only applies to returns that fall under the classification of buyer remorse. eg they changed their mind or they simply do like the colour or something like that.

So these kinda words are better left out so you don't get you buyer offside up front.

It's a policy violation for a seller to say they're not responsible for goods that don't arrive or aren't insured.  I hit the back button pretty fast when I see such statements because it means the seller doesn't care much about their buyers.  It won't stop scammers but is more likely to invite them (to prove the seller wrong), so there's no point in saying it.

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@englishrosegardens wrote:

It's a policy violation for a seller to say they're not responsible for goods that don't arrive or aren't insured.  I hit the back button pretty fast when I see such statements because it means the seller doesn't care much about their buyers.  It won't stop scammers but is more likely to invite them (to prove the seller wrong), so there's no point in saying it.

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Can you please provide a link to the policy that disallows sellers from including terms and conditions that pretty much reflect Aust law that it is usually the purchaser that carries the risk when goods are in transit (with some exceptions of course).

Thank you

I haven't got time to look properly just at the moment, but I have seen it before.  I did find this:

http://pages.ebay.com.au/help/pay/shipping-problems.html

Even if you didn't insure the item, you're still responsible for the item until the buyer receives it.

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@englishrosegardens wrote:

I haven't got time to look properly just at the moment, but I have seen it before.  I did find this:

 

http://pages.ebay.com.au/help/pay/shipping-problems.html

 

Even if you didn't insure the item, you're still responsible for the item until the buyer receives it.

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Seems to just be a statement that supports the eBays Money Back Guarantee which attempts to try and interfere in contracts made under Australia law, to unlawfully impose additonal obligations on sellers - such as proof of delivery..

eBay cannot cannot remove a sellers legal rights nor obligations as a consumer of its service through its terms and conditions.  Australian Consumer Law makes that very clear.  

It always saddens to me see some posters adopt eBay speak and seek to deter others from properly understanding their rights in particular situations - including this one.

Reply to the neg feedback, warning sellers about this loony you had todeal with.

"Sellers beware buyer makes threating and  extorting emails." 

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@englishrosegardens wrote:

I haven't got time to look properly just at the moment, but I have seen it before.  I did find this:

 

http://pages.ebay.com.au/help/pay/shipping-problems.html

 

Even if you didn't insure the item, you're still responsible for the item until the buyer receives it.

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Up until recently, it was noted in the 'Selling Practices' page of eBay, however it's not there anymore, it seems to be suffering the same fate as the fabled "not allowed to list items elsewhere" policy (that one is currently 'not allowed to say you're selling it elsewhere')  - it stipulated a similar thing, i.e. that seller's were not able to make statments in their listing that indicated they wouldn't be held responsible for lost or damaged mail (which is distinctly different from the statement you did find, that one goes - or at the very least, attempts to go - quite a few steps further). 

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@englishrosegardens wrote:

I haven't got time to look properly just at the moment, but I have seen it before.  I did find this:

 

http://pages.ebay.com.au/help/pay/shipping-problems.html

 

Even if you didn't insure the item, you're still responsible for the item until the buyer receives it.

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To my way of interpreting the Australia Consumer Law (ACL) Sale of Goods Act (SOGA) once the item has been provably lodged with a carrier the item is deemed to have been delivered to the buyer. If this is true then a lodgement scan showing at least the buyers suburb/postcode is all that is required as is the case accepted by PayPal. Under their MBG Ebay seem to have taken that outside the ACL by requiring proof of delivery.

In section 34 of the QLD SOGA in part it states....

34 Delivery to carrier

(1) When, 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.

QLD SOGA Para 34